The composition of Texas’ highest criminal court is poised to maintain its Republican dominance, according to early results showing Attorney General Ken Paxton’s endorsed candidates leading their Democratic opponents. The conservative trio of David Schenck, Gina Parker, and Lee Finley, all newcomers who bested incumbent Republicans in the primaries, are close to clinching their spots on the bench. Schenck, the only candidate with prior judicial experience, has notably served eight years on the Fifth District Court of Appeals in Dallas, as reported by Texas Public Radio.
The Court of Criminal Appeals has recently been embroiled in the case of Robert Roberson, sentenced to death in 2002 for the murder of his young daughter, a conviction he has steadfastly contested. Efforts by Texas House members to delay his execution citing due process have put the court under scrutiny. With the unseating of three Republican incumbents who were part of the 5-4 majority to uphold Roberson’s execution, the newly elected judges’ position on the case may be critical. However, their association with Paxton raises questions about the possibility of a verdict reversal. “grossly interfered with the justice system,” Paxton called the actions of the House members, as noted by KSAT.
The backstory of these judicial shifts runs deeper with Paxton’s influence evident since 2018, following his controversial move to prosecute cases usually reserved for local district attorneys. The resulting legal tussle culminated in a significant 2021 Court of Criminal Appeals decision that curtailed Paxton’s power, labeling such actions as a breach of the separation of powers. This decision became a catalyst for Paxton to campaign vigorously against the majority judges, exemplified by his critique of the ruling as an “insidious evil plot” and a severe threat to voter fraud enforcement, as described by Texas Public Radio.
Paxton’s success in influencing the judicial selection process is encapsulated by the inception of Texans for Responsible Judges, a political action committee backing his preferred candidates. While Schenk maintains that he was not recruited by Paxton, both Parker and Finley have not shied away from their alliance with him, directly challenging the court’s previous rulings on voter fraud incidents. Former Court of Criminal Appeals Judge Elsa Alcala expressed to KSAT that despite the “taint” of political influence, it remains possible for the judges to honor their duties and rule impartially.
Alcala conveyed hope that this shift in the court’s composition could mark a turning point in the application of Texas’ death penalty, particularly in light of capital murder cases and a hesitancy to revisit them under a law that addresses “junk science.” She mentioned that the retirement of Chief Judge Sharon Keller might alleviate some of the resistance to such changes, adding, “But change is all we can hope for,” indicating a cautiously optimistic outlook for future legal decisions in the state, as per KSAT.
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