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Wednesday, March 1, 2000

Five Republicans seek Place 1 seat on court

By Anna M. Tinsley
Scripps Howard Austin Bureau

AUSTIN - Five Republicans face off in March to determine who replaces Judge Steve Mansfield on the state's highest criminal court.
   They include an Austin lawyer, Houston prosecutor, Jacksonville judge and two Corpus Christi attorneys.
   Some candidates say they seek the office to bring integrity to the Court of Criminal Appeals' bench after Mansfield's controversial tenure, which drew much attention and criticism. Mansfield, who decided not to seek re-election, was sanctioned by the State Bar for lying about his experience and credentials during his 1994 campaign. And last year, he was put on probation after pleading no contest to misdemeanor criminal trespass after being arrested for allegedly scalping University of Texas football tickets.
   Other candidates say they want to help reduce the number of cases awaiting review.
   Early voting for the March 14 primary runs through March 10.
   The winner of the GOP primary for Mansfield's seat faces no Democratic challenger in November.
   The Court of Criminal Appeals is the highest appellate court for criminal cases in Texas. It reviews death penalty cases, post-conviction court orders and decisions of the state's lower appellate courts.
   Justices on the nine-member court earn $113,000 a year and the presiding judge is paid $115,000.
   Candidates seeking the position are:
   John Boston
   Boston, an Austin attorney and a former Marine fighter pilot and military magistrate, said he would bring maturity and experience to the office. He said the main issue for this campaign is following the law.
   ''It's important that we adhere to strict rules applying both to the state and the defendant with cases on appeal,'' he said. ''The goal is to apply the law as it should be applied, but not make new law.''
   Boston said he has raised about $9,000 for his campaign and spent about $6,000 on mailouts and direct mail.
   He said he has always been interested in serving on the Court of Criminal Appeals. His priority would be learning the details of the job and making sure ''justice is afforded all persons who come before the court.''
   Alan Curry
   Curry, a Houston prosecutor who has presented more than 40 arguments before the Court of Criminal Appeals, said the key campaign issue is ensuring that a qualified candidate serves on the court.
   He said he's the best candidate because for the past 11 years, he has prosecuted criminal appeals and handled difficult legal issues that the court handles every day.
   Curry said he has raised about $20,000 for his campaign and spent about half, mostly on travel costs, mailouts and brochures.
   He said he had both prosecutors and defense attorneys suggest that he run for the office. ''I saw an open door and decided to try,'' he said.
   Curry said his priority if elected would be to cut down on a backlog of cases. ''In order to assist the court and citizens, I'm going to work hard to help get the court's caseload to decrease,'' he said.
   Tom Greenwell
   Greenwell, a Corpus Christi attorney, said the race's main issue is electing competent people without an agenda.
   He said he has experience - 15 years as a staff attorney with the 13th Court of Appeals in Corpus Christi before entering private practice in 1996. He was chief criminal staff attorney for the 13th Court of Appeals from 1983 to 1996.
   Greenwell said he has raised about $10,500 and spent more than $22,000 from his personal savings. Most of the money has gone for travel expenses, he said.
   Greenwell said he decided to run before Mansfield announced that he wouldn't seek another term. ''I thought he had not upheld the dignity of the court,'' Greenwell said.
   Greenwell said his priority would be to keep up with the caseload. ''People want criminal appeals expedited,'' he said. ''They don't want cases to linger around in appeals for years.''
   Charles Holcomb
   Holcomb, a Jacksonville judge, said the Court of Criminal Appeals has done a good job with issuing opinions and clearing out death penalty cases and he wants to help continue that record.
   He said serving on the court is a lifelong desire. And he said he's the best candidate because of his 40 years of experience in being a trial and appellate judge, county and district attorney and lawyer.
   Holcomb ran for the court as a Democrat in 1996 and won the primary election but lost in the November general election. He said he hasn't raised any money because he hasn't solicited any. But he has spent about $3,500 of his own money for printing campaign literature and filing fees.
   If elected, he said his priority is to get to know the other justices, work to harmonize them and get to work.
   Guy Williams
   Williams, a Corpus Christi attorney, said his key issue is restoring integrity to the bench. And he said he's the best candidate to do it because he has been both a trial and appellate lawyer. ''I want the opportunity to serve Texas and protect and defend the Texas Constitution,'' he said.
   Williams said the accusations and controversy surrounding Mansfield was the biggest motivating factor in his bid for office.
   ''Texans deserve better than that,'' he said.
   Williams said he hasn't raised any money because he hasn't solicited any. But he has spent about $3,500 of his own money for travel, filing fees and making copies of his biography and picture.
   He said his priority would be to ''see the number of cases I'd be able to dispose of and help reduce the docket.''
  

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Scripps Howard Austin Bureau writer Anna M. Tinsley can be reached at (512) 478-9644 or by e-mail at tinsleya@scripps.com

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