Meet the Democrats running for Justice of the Texas Supreme Court, Place 8
The Star-Telegram sent questionnaires to all candidates. Responses have been edited for clarity and length.
Gisela D. Triana
Occupation: Justice, 3rd Court of Appeals
Age: 53
Website: www.JudgeTriana.com
Public offices you’ve held or run for, with years: I have sought and held the following offices: Justice, Texas 3rd Court of Appeals, Jan 1, 2019-Present; Judge, Texas 200th Judicial District, Jan 1, 2005-Dec 31, 2018; Judge, Travis County Court at Law #5, Jan 2000-March 2004; Justice of the Peace, Travis County Pct. 5, Jan 1, 1999-Dec 31, 1999; Judge, City of Austin Municipal Court- 1994-1998
Have you ever been arrested, charged with a crime or otherwise been part of a criminal proceeding? If yes, please explain: In 2015, I was stopped for speeding. When asked if I had had anything to drink, I honestly answered that I had drinks with dinner. After field sobriety tests were administered, I was arrested for suspicion of driving while intoxicated. I requested a breathalyzer at the scene, but was denied. Results from a blood test later confirmed that I was not driving while intoxicated or on drugs. Charges were never filed and I received a speeding ticket. As horrible as that experience was, I believe I am a better judge for it. We all have our implicit, if not explicit, biases. It is easy to assume that someone who has been arrested is guilty. However, we have seen, time and time again, exceptions to that assumption. I am a more open-minded and fair judge because of the experience.
Have you been involved in a civil lawsuit or bankruptcy proceeding? If yes, please explain: No, I have not.
Why are you seeking this office?
I am running to bring fairness, balance, independence, and diversity of thought to the Court. For over 2 decades, all the members of the Court have been Republican. Currently, 7 of the 9 were initially appointed to their positions by a Republican governor. These political appointments have made the Court result-oriented and beholden to special interests and political contributors. Texans deserve a level playing field with an independent Court that will follow the Rule of Law and uphold constitutional rights, not one that rules on the basis of a political or corporate agenda.
What would your top 3 priorities be?:
To bring fairness and balance to the Court. Texans deserve a level playing field with an independent Court, not one that rules for the companies that have contributed to their campaign. To insure that parties are treated and protected equally under the law, regardless of a parties’ race, religion, ethnicity, national origin, gender, sexual orientation, disability or income status. To improve access to justice, not only to to help average Texans obtain access the courts, but to ensure they receive justice once they get there. It serves no purpose to have access to the courts, if justice is denied once you are there.
Why should voters choose you over your opponent(s)?:
I believe I am the best qualified person for this position. For over 24 years, I have served as a judge in Texas. I worked my way up from Municipal Court to Justice of the Peace, to County Court, to District Court, and most recently, to the Appellate Court. If elected, I will be the only person on the Texas Supreme Court who has served at every lower level of the judiciary. Most of my 31-year legal career has been in public service. I have earned a reputation for being fair, courteous, deliberate, and knowledgeable in the law and for listening to all sides of a case and I humbly ask for your vote.
Peter Kelly
Occupation: Justice, First Court of Appeals in Houston
Age: 56
Website: www.peterkellyforjustice.com
Public offices you’ve held or run for, with years: Justice, First Court of Appeals, 2018; Justice, Fourteenth Court of Appeals, 2016.
Have you ever been arrested, charged with a crime or otherwise been part of a criminal proceeding? If yes, please explain: No.
Have you been involved in a civil lawsuit or bankruptcy proceeding? If yes, please explain: Yes. Over the course of 25 years of practice, 2 fee disputes ended up in litigation. Both were promptly resolved out of court.
Why are you seeking this office?:
I have represented real people with real problems, and have seen how political bias in, say, statutory construction can devastate families. I have watched issues go up and down the appellate system, and take a dim view of perceived “waiver” because it is often difficult for a trial lawyer, in the heat of the moment, to know how even the most trifling decisions can have appellate ramifications. Also, I have learned how public policy shapes the law, not as an academic construct, but in terms of practical effects on the way ordinary people work and live.
What would your top 3 priorities be?
1. Ensure a broader range of legal and social viewpoints are reflected in the court’s opinions. 2. Restore the jury to its rightful place in our legal system as the conscience of the community. 3. Expand the court’s efforts to afford access to justice for all Texans, regardless of financial wherewithal.
Why should voters choose you over your opponent(s)?
My over two decades’ experience an training as an appellate advocate uniquely qualify me for the Texas Supreme Court (see my online CV for list of private practice accomplishments). On a nine-person court of discretionary review, simply voting in dissent does not advance the cause of fairness for all. A justice must be able to persuade the other justices to join a position, and I have a lengthy track record of being able to persuade the sitting justices on the court to rule in my clients’ favor. I will bring those skills to the bench. A partial list of my victories as lead counsel (there are many other cases in which I participated as amicus) in the Texas Supreme Court is available at my website, www.peterkellyforjustice.com.
This story was originally published February 13, 2020 at 11:59 AM.
