Melsheimer, Smith and Moye´ Newspaper Editorial Highlights Flaws in Texas Judicial Selection System
Online, March 26, 2010 (Newswire.com) - DALLAS - A newspaper commentary written by sitting Texas district court judges Craig Smith and Eric Moye´ and noted Dallas attorney Tom Melsheimer highlights the ethical conflicts that arise with unfettered corporate campaign contributions in judicial elections.
Published in the March 20 edition of the Fort Worth Star-Telegram, the
commentary, "Campaign Contributions: Financing Order in the Court," details how a Texas jury's recent $58 million verdict against Perry Homes and its politically influential president underscores the need to revise the manner in which judges are elected in Texas. Perry Homes president Bob Perry is one of the country's largest political donors and has given money to all nine Supreme Court of Texas justices, who may now be called upon to review the verdict.
The Court previously ruled in Perry's favor in this case, nullifying an earlier $800,000 arbitration award in favor of a Mansfield, Texas, homeowner in the construction defect lawsuit and sending the case to a Tarrant County jury that ultimately returned a verdict against Perry Homes more than 50 times the arbitrator's initial award. With the stage set for the state supreme court to potentially review the verdict, the three write that Perry's campaign donations create the appearance of an ethical conflict.
"Our system, though guided by a variety of complex rules and procedures, is at its heart very simple," Judges Smith and Moye´ and Mr. Melsheimer write. "Judges are not unlike umpires calling balls and strikes. It may not sound very impressive or particularly worthy of a black robe, but that is, in essence, what judges should do -- call them like they see them. Instant replay yields proof that umpires don't always get the calls right, but rarely is an allegation made that an umpire has been paid by one team or another.
"What will the public perception be if the case heads back to the appellate courts and the home builder (whose president, Bob Perry, is our state's largest political donor) finds itself, again, before umpires with whom it has a financial relationship?"
Mr. Melsheimer, managing principal in Fish & Richardson's Dallas offices, has been described as one of the city's top "courtroom fighters" by D Magazine, and has been named in the magazine's annual round-up of "The Best Lawyers in Dallas" on multiple occasions. He is a repeat honoree in the Texas Super Lawyers annual list of top attorneys in Texas, and he has been named by the Dallas Business Journal as one of the top defense attorneys in North Texas.
Judge Craig Smith presides over the 192nd Civil District Court in Dallas County and is an experienced attorney, board certified in civil trial law and personal injury law. Judge Eric V. Moye´ was first appointed to the bench by Gov. Ann Richards. He was elected to the 14th District Court in 2008.