Vetting Texas Supreme Court Judge David Medina ~ Conclusion, Vote John Devine
To begin I believe we all need to take a step back and understand just how important the run-off race is between John Devine and David Medina for Texas Supreme Court. We also need to look at exactly why the establishment Republicans and organizations like Texas Alliance for Life are endorsing David Medina over John Devine who is clearly the strongest pro-life Conservative Republican in this race. Could there be “Corruption in Texas Politics”?
Below Donna Garner explains exactly….
WHAT IS THE TEXAS SUPREME COURT?
The Texas Supreme Court (TSC) is made up of one Chief Justice (considered Place 1) and eight Associate Justices who are elected in staggered six-year terms.
All voters in Texas vote for these Justices in partisan elections.
The Texas Supreme Court is the last resort for cases that involve non-criminal matters. This includes cases involving juvenile delinquency.
The Texas Court of Criminal Appeals is the last resort for cases involving criminal matters.
The Texas Supreme Court building is in Austin, Texas, behind the Texas State Capitol.
WHAT DOES THE TEXAS SUPREME COURT DO?
The TSC has the final say on Texas Constitutional issues and sorts out lower court rulings that cover new areas of law.
Issues such as the power of the state to take people’s personal property could come before the TSC. Rulings over various state regulations (not federal ones) come under the authority of the TSC. If the state overreaches into the personal lives of citizens, the TSC is the court of last resort for such decisions.
DAVID MEDINA’S DUBIOUS RECORD
In June 2002, Medina was pulled over by a Harris County Constable and almost hit the deputy’s car. Medina refused to identify himself, smelled of alcohol, could not walk steadily, failed the eye-movement test, and refused to take a breath test.
Medina got himself a high-priced lawyer (Rusty Hardin), pled guilty to a lesser offense, and only had to pay $500.
Then in 2008 a grand jury returned felony indictments against Texas Supreme Court Justice David Medina and his wife. Mrs. Medina was accused of setting a blaze with an accelerant found in their garage that caused almost $1 Million worth of damage to three homes in their Spring, Texas, neighborhood, including their own 5,000-foot home.
What made investigators suspicious is that the Medinas had been sued in June 2006 by a mortgage company. The suit was filed because the family had missed five months of payments.The investigators also learned that the Medinas owed $1,900 in fees to their homeowners’ association.
In a November interview with the AP, the Medina’s financial problems were publicly revealed. Ironically, the losses from the fire were not covered because unbeknownst to the Medinas, the homeowners insurance policy had lapsed. After the fire, the Medinas sold their home in Spring and moved to Austin, Texas.
For this felony, Mrs. Medina’s bail was set at $20,000. TSC Judge David Medina was indicted for tampering with evidence (a felony), and his bail was set at $5,000. Dick De Guerin was Mrs. Medina’s lawyer.
To show how politically rotten this whole situation became, the District Attorney (Charles A. Rosenthal, Jr. — also a Republican) decided to dismiss the grand jury’s indictments because of a procedural error made by the DA’s office.
By law, grand jury deliberations must be kept secret; but the jury foreman did state, “The testimony of the arson investigator is what we went on…Draw your own conclusion if it was sufficient.”
Both the grand jury foreman and the assistant foreman (an experienced civil trial lawyer) said the DA’s office had already decided beforehand to oppose the indictments against the Medinas. The foreman stated, “If this was David Medina, truck driver of Baytown, Texas, he would have been indicted three months ago.”
Even though the grand jury had returned guilty indictments against both the Medinas, the DA’s office managed to get the judge to void the grand jury’s vote. To keep the grand jury members from telling their side, the prosecutor placed an injunction over them that gagged them from talking under threat of jail time.
Ironically, District Attorney Rosenthal himself was later forced to leave office because of love notes and sexually explicit messages sent from his office.
In 2001, 2002, and 2003 David Medina chose not to comply with the campaign finance laws. In 2008, the Texas Ethics Commission brought ethics complaints against Medina because he improperly paid himself $57,000 from campaign funds. He escaped with a fine of $35,000. On 6.4.12, the Texas Ethics Commission sent Judge Medina another campaign ethics complaint — #SC31205185. However, that did not stop Medina.
In the last two years, Medina has given unlawful donations to PACs, used campaign funds for personal use, and failed to report a contribution of $5,000 from Texans for Lawsuit Reform. TLR is often challenged before the Court.
Bottom-line: Why would Texans even think about electing David Medina to the highest court in Texas when he has the kind of criminal and ethics record that would keep any average person from even being considered for office?
The good news is that we have a great, conservative, committed, honest, ethical, intelligent, well-educated, and experienced candidate in John Devine.
We need not look any further for the right candidate to put on the Texas Supreme Court bench. He is our kind of person — unpretentious, family oriented, clean-living, patriotic, and is fully vetted having been admitted to the bar in the State of Texas, U. S. Court of Appeals for the Fifth Circuit Court, U. S. District Court (Southern District), District of Columbia Court of Appeals, and U. S. Tax Court.
Judge Devine has served our state well as District Judge (190th District Court), Special Judge (Harris Co. J. P. Courts), Harris County Juvenile Board, Harris County Juvenile Justice School Board, Board of Civil District Judges Mass Torts Comm., Board of Civil District Judges, Texas Association of State Judges, and American Judges Association.
Judge John Devine will be on everyone’s run-off ballot around the state on July 31, 2012. Let’s elect him by a vast majority.
SOURCES FOR DONNA GARNER’S REPORT
5.14.12 – “More About Justice Medina’s Campaign Fine” –Austin American-Statesman –http://m.statesman.com/statesman/pm_22437/contentdetail.htm?contentguid=wZMdDwjk
7.23.10 – “Supreme Court Justice Medina Takes Heat from Ethics Commission” – The American Independent –http://americanindependent.com/126940/supreme-court-justice-medina-takes-heat-from-ethics-commission
1.7.08 — “America’s Judicial Hall of Shame” – http://www.wrinkledrobes.com/HallOfShame.html
1.22.08 – “Judge Criticizes DA’s Handling of Medina Case” –Houston Chronicle – http://www.chron.com/news/houston-texas/article/Judge-criticizes-DA-s-handling-of-Medina-case-1755809.php
1.19.08 – “Prosecutor Quashes Charges Against Judge” – the New York Times – http://www.nytimes.com/2008/01/19/us/19texas.html?_r=1&pagewanted=all
1.17.08 – DA’s Office Tosses Indictments Against Supreme Court Justice and Wife” – Houston Chronicle – http://www.chron.com/news/houston-texas/article/DA-s-office-tosses-indictments-against-Texas-1781181.php
1.17.08 – “Texas Supreme Court Justice Indicted in Arson of Houston Home” – Texas District and County Attorneys Association – http://www.tdcaa.com/node/1835
8.15.08 – “Ethics Panel Advances Complaint Against Hecht: Postpones Medina Matter” – The Southeast Texas Record – http://www.setexasrecord.com/news/214256-ethics-panel-advances-complaint-against-hecht-postpones-medina-matter
11.10.04 – “Perry Fills Supreme Court Vacancy” – Texas State University News –http://www.txstate.edu/news/news_releases/external_news/2004/11/perrysupremecourt111004.html
11.9.04 – “Appointee to Texas Supreme Court Has Rare Courtroom Experience As Defendant” – Houston Chronicle – http://www.chron.com/news/houston-texas/article/Texas-Supreme-Court-appointee-stood-trial-once-1961755.php
7.2.02 – “Case of Ex-Judge Charged with Drunken Driving Reset” – Houston Chronicle –http://www.chron.com/news/houston-texas/article/Case-of-ex-judge-charged-with-drunken-driving-2065134.php
Knowledge is Power and together we can make the difference!!___________________________________________
“Grab your Tea and Follow me! It’s a Peaceful Revolution!”