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Monday, February 28, 2000

8 seek seats on 13th Court of Appeals
2 spots open, 2 incumbents challenged for court that covers 20 counties
By Jonathan Osborne
Caller-Times

CHIEF JUSTICE
J. MANUEL BANALES
Age: 49
Occupation: Judge of the 105th District Court
Education: Austin High School in El Paso 1968; University of Texas in El Paso 1972, political science; University of Houston Law School 1974
Family: Wife; Peggy, 48; five children
ROY VALDEZ
Age: 48
Occupation: Judge of the 357th District Court
Education: Raymondville High School 1972; Texas A&I University, 1976 political science; Texas Southern University Law School 1979
Family: Wife, Adilita, 48; five children
PLACE 1
BARRY E. JONES
Age: 43
Occupation: private lawyer
Education: Mercedes High School 1974; University of Texas 1978, Plan II; Cornell University Law School 1981
Family: Wife, Deborah, 45; two children
NELDA VIDAURRI RODRIGUEZ
Age: 46
Occupation: Judge of the 13th Court of Appeals
Education: H.M.King High School 1971; Texas A&I University 1974, secondary education; Thurgood Marshall School of Law 1981
Family: Husband, Rene, 47; two children
PLACE 2
FEDERICO 'FRED' HINOJOSA
Age: 52
Occupation: Judge of the 13th Court of Appeals
Education: Edinburg High School 1965; Pan American University 1969, government; University of Houston Law School 1977
Family: Wife, Magdalena Garza Hinojosa, 33; two children
RUBEN R. PENA
Age: 52
Occupation: private lawyer
Education: Harlingen High School 1966; Creighton University 1971, political science; St. Mary's University Law School 1981
Family: Wife, Irma, 50; four children
PLACE 3
ERRLINDA CASTILLO
Age: 45
Occupation: Private Lawyer
Education: Sinton High School in 1972; Texas A&I University 1976, English and math; University of Texas Law School 1983
Family: Husband, Art, 46
FRANK ENRIQUEZ
Age: 47
Occupation: Partner, Enriquez & Cantu L.L.P.
Education: Holy Cross High School 1972; University of Maryland, business; St. Mary's University School of Law, 1978
Family: Wife, Rosario, 43; two children

Regardless of the election results, two new faces will sit on the 13th Court of Appeals after November.
   In the March 14 Democratic primary, of the four judgeships up for election, two sitting judges are being challenged. The other two slots, including the chief justice position, are vacant.
   "We've got four seats up for election this year and two of them are vacant seats and two of them are incumbents," said Chief Justice Robert Seerden, who is not seeking re-election. "I don't believe that's ever happened on our court before."
   The 13th Court of Appeals covers a 20-county area that runs from Wharton County in the north all the way across the state and down to the U.S.-Mexico border. The court handles all appeals, civil and criminal, short of those that involve the death penalty. Judges of the court earn $105,000 a year. The chief justice earns $105,500.
   In the upcoming March 14 primary:

For the chief justice position, J. Manuel Banales, judge of the 105th District Court and a Corpus Christi resident, is running against Roy Valdez of Harlingen, judge of the 357th District Court.

The Place 1 race pits private lawyer Barry E. Jones of McAllen against incumbent Nelda Vidaurri Rodriguez.

For Place 2, Harlingen lawyer Ruben R. Pena is challenging incumbent Fred Hinojosa.

And for Place 3, Corpus Christi lawyer Errlinda Castillo will face off against Frank Enriquez, a lawyer from McAllen. In November, the winner of that race will challenge Corpus Christi Lawyer Brad Condit, who is running unopposed in the Republican primary. The incumbent, Melchor Chavez, is not seeking reelection.
   Here's a look at each race:
   Chief Justice
   Banales said his years of experience in legal writing distinguishes him from his opponent.
   "What I bring to the court is my experience in writing opinions, judgments and orders, which most trial judges do not do," Banales said. "I have, already going into the court, extensive writing experience."
   Banales has been a trial judge for 14 years, he said. "The next logical step would be for me to be an appellate court judge."
   Banales said that he has raised about $110,000, mostly from lawyers, and plans to spend whatever else comes in. As soon as he gets into office, Banales said he wants to get to work.
   In his run for appellate judge, Valdez said that he wants to use technology to enhance the court's service to the public.
   "I'm big on computers," Valdez said. "I want to make sure we computerize the system. We are in the computer era and they don't even have a Web site. I think that once you've made a decision, download the decision to a Web site. We need to be more accessible to the public."
   Valdez has been a trial judge for 17 years and has raised more than $150,000 for his campaign. If elected, he said, he would try to bring unity to the court.
   "We need someone with administrative experience, who's been down in the trenches. I bring it," Valdez said. "My first priority is to put us back together, try to bring unity and close communication."
   Place 1
   Running for appellate judge shouldn't be about how much money you can raise, Jones said.
   "Campaign finance reform is very important," Jones said. "To spend $200,000, $300,000 in one campaign is outrageous."
   That's the reason, Jones said, he is running a grassroots campaign, where most of his publicity comes from networking.
   His supporters are "friends and clients that I've developed over the years, those concerned about the lack of independence that's beginning to develop among many of our judges, both at the trial level and at the appellate level," Jones said.
   Jones said he's limited his campaign spending to $125,000.
   Rodriguez, the incumbent, said that her experience speaks for itself.
   "Being the incumbent, I have the judicial experience behind me that my opponent does not," Rodriguez said. "I have a total of nine years judicial experience before I took the appellate bench."
   Rodriguez has been on the 13th Court of Appeals for five years and said that, in her experience, the court is running smoothly.
   "I have a very wide cross section of supporters from both sides of the bench," Rodriguez said. "Most times, both sides feel that the incumbent is the one to stay with. They've proven to have the ability to do the job."
   So far, Rodriguez has raised about $65,000 to campaign to keep her seat.
   Place 2
   Even though he must campaign to keep his seat, incumbent Hinojosa said electing judges is the best method for selecting judges.
   "It forces judges to go out and talk to people," Hinojosa said.
   Like Rodriguez, Hinojosa said what separates him from his challenger is his experience on the appellate court, to which the governor first appointed him in 1991. He was elected in 1992 to fulfill the unexpired term and re-elected in 1994.
   "Up until last summer, I had never been reversed," Hinojosa said. "I'll have to stand on my record."
   Pena, a private lawyer and a former school board president, said that a run-in with county constables who arrested him stemming from what turned out to be a bogus probate matter was one reason that he's running for the appellate court.
   "One of the things that I see is that sometimes we have an abuse of a position," Pena said. "If this can happen to me, a lawyer, you can imagine what's happening out in the community with (justices of the peace) and constables trying to collect from people who don't have the resources.
   "The big distinction between Fred (Hinojosa) and I, is I've been down that road," he said. "If you can imagine your hands behind you and hearing the snapping of handcuffs, you will understand how important those pieces of paper are."
   Place 3
   Castillo, who has practiced law for 15 years, said her reputation as a worker separates her from her opponent.
   "I've been working since the age of 6," said Castillo, who also worked her way through law school as a law clerk. "That's what I think I can offer to the court of appeals."
   More importantly, she said, she has specialized in appeals.
   "I've done over 100 appeals in my entire career," Castillo said. And one of her goals, if elected, would be to speed up the process.
   Castillo said that she plans to keep her campaign costs under $5,000.
   Her opponent, Enriquez, a Vietnam veteran with 20 years experience practicing law, argued a case in front of the U.S. Supreme Court. Enriquez said he wants to serve on the 13th Court of Appeals because it is one of the most respected courts in the state.
   "Very few of their cases are reversed by the Supreme Court of Texas," Enriquez said.
   Enriquez said that if elected he would treat his seat on the court of appeals as he did his service in Vietnam.
   "I do believe that being a judge is public service," he said.
   Enriquez said he plans to limit his campaign spending to $150,000.
   The winner of the Place 3 Democratic nomination will face Condit, who is the only Republican running for the position.



Staff writer Jonathan Osborne can be reached at 886-3716 or by e-mail at osbornej@caller.com

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