For probate courts
Voters should select Butts, Black, Wright and Cox for these four specialty courts.
Most people can go their entire lives without setting foot in a courtroom, but upon death, many of us end up in probate court. These four specialty county courts have a dedicated focus on end-of-life issues such as wills, trusts and estates. They also handle guardianships and mental health hearings. Don’t expect to see these courts in the headlines unless a wealthy heiress passes away without a will or a River Oaks millionaire had a secret second family. Nevertheless, the nature of the business means that stakes — and emotions — can run high. The ideal judge has experience in this niche legal field and a temperament that can bring a sense of calm to heated cases. We encourage voters to cast their ballots for the following candidates.
Judge, County Probate Court No. 1: Loyd Wright Loyd Wright - Republican Party: Jerry Simoneaux - Democratic Party:
How should voters choose between two qualified “probate guys?” That’s the phrase incumbent Judge Loyd Wright used to describe himself and challenger Jerry Simoneaux. Despite Simoneaux’s persuasive bid for our endorsement, we encourage voters to stick with Wright, a Republican.
Wright, 62, a graduate of the University of Houston Law Center, has solid bar poll ratings, a straight-shooter disposition and a background in accounting that helps him feel at home with the issues in his court.
Simoneaux, 52, who graduated from the South Texas College of Law is a certified mediator. He offers a calm demeanor, in-depth experience in the probate field, including time spent as a probate court staff attorney. This Democratic challenger also has judicial experience from his service as a city of Houston municipal court associate judge.
In their meeting with the editorial board, both candidates impressed us with their cordial professional relationship. The gracious Simoneaux gave Wright a lot of credit for his work in the aftermath of Hurricane Harvey to combine the probate courts to provide the criminal judiciary with two courtrooms. Not to be outdone, the goodnatured Wright offered to preside over a renewal of his opponent’s wedding vows with his husband for free any time asked. Wright said he had only performed three marriages for close associates since he took the bench in 2010.
While we suspect that Simoneaux would be more innovative, Wright has committed to continue working to give judges the ability to e-sign documents if elected to a third term. He also was open to publicly posting a list of attorneys selected for court appointment, a needed reform proposed by Simoneaux to make the court more transparent.
Harris County is in the good hands of a solid probate guy no matter who wins on Election Day, but voters should give Wright another term. Judge, County Probate Court No. 2: Ray Black Ray Black - Republican Party:
1⁄2 Michael Newman - Democratic Party: 1⁄2
Longtime probate judge Mike Wood is retiring from his bench, leaving voters with a choice between two highly qualified challengers: Democrat Michael Newman and Republican Ray Black.
Both are impressive candidates, and neither has a clear advantage over the other.
Black, 50, works in private practice, is a certified mediator and once served as briefing attorney at the Texas 2nd Court of Appeals. He graduated from the South Texas College of Law.
Newman, 62, has been practicing probate law for nearly 20 years, about a decade longer than his opponent, and graduated from the University of Houston Law Center.
Both men exhibited an appropriate judicial temperament. The opponents were cordial and professional in their attitude toward each other. Newman seemed more open to improvements to the probate courts while Black seemed more aligned with the status quo, but neither had a plan for reform that impressed us with its specifics.
At one point as we struggled to differentiate the two candidates, Newman quipped that he had more hair, and Black countered that he was taller.
As a result of the close match in capabilities, our endorsement hinges on a single difference that emerged during the screening session. The best judges are good listeners, and the deliberate Black — who’s had an eye on a judgeship ever since he was a young lawyer — showed an ability to respond more directly to our questions.
This is a true coin toss race, and Harris County voters can’t go wrong.
Judge, County Probate Court No. 3: Jason Cox
Rory Robert Olsen - Republican Party: 1/2 Jason Cox - Democratic Party: In 2014, our endorsement focused on Republican incumbent Rory Robert Olsen’s reputation as an inconsistent jurist and backed his opponent. Despite our non-endorsement, Olsen won that race and is seeking re-election. Four years later, we once again express concerns about his temperament on the bench and endorse the challenger, Jason Cox, a Democrat.
Olsen, 69, still has an uneven reputation and underwhelming results on the Houston Bar Association bar poll — especially in the field of courtesy and attentiveness. We’ve witnessed that problem firsthand. In our most recent endorsement meeting, Olsen was inappropriately curt with the unflappable Cox.
His temperament and blind spots have also led to unfortunate management errors, such as when he directed staff not to accept recommendations for involuntary psychiatric commitment from doctors of osteopathic medicine.
Cox, 47, graduated from the University of Houston Law Center and has practiced law for 16 years with a focus on probate law. He also serves as an adjunct professor at the University of St. Thomas. Overall, he shows the gravitas and commitment to be a good probate judge.
However, this endorsement is issued with with one concern.
Texas Government Code says that this court has “primary responsibility for mental illness proceedings and for all administration related to mental illness proceedings, including budget preparation, staff management, and the adoption of administrative policy.”
Despite his drawbacks, Olsen knows mental health. For the past five years, he has worked to identify problems with mental health services in Harris County and craft solutions. Now the University of Texas Health Science Center at Houston is set to build a new psychiatric hospital, the first public psychiatric facility in 31 years. Voters risk losing Olson’s experience by removing him from the bench.
Cox is an adult and pediatric cancer survivor. He has deep experience dealing with the health care system as both high-level volunteer and as a patient. However, he has little experience in the field of mental health.
Nevertheless, given the long-standing complaints in Olsen’s courtroom, it’s time for a new jurist. We’d ask Olsen to live up to his commitment and help Cox with “all the necessary intros.” We’d encourage Cox to rely on Olsen’s deep institutional knowledge.
In signing off to Olsen, we want to thank him for his years of service to Harris County and his strong dedication to and passion for the field of mental health.
Harris County Probate Court No. 4: Christine Riddle Butts
Christine Riddle Butts - Republican Party: 1/2
James Horwitz - Democratic Party:
This race is a repeat of four years ago, and our endorsement hasn’t changed.
Two-term incumbent Christine Riddle Butts remains an impressive jurist with stellar credentials and a track record of innovation in the courtroom. With the support of Harris County Commissioners Court, Butts, a Republican, established a pilot program in which investigators visit every single person under a guardianship in her court. Elderly abuse is on the rise and more oversight in this area and other types of guardianship is crucial.
Butts, 47, is also board certified in estate planning and probate. She graduated from the University of Houston Law Center.
Her Democratic challenger, James Horwitz, 69, is impressive in his own right and would serve aptly as a judge if elected. After 42 years of practice, he’s certainly accumulated the necessary experience. Not only that, the University of Houston Law Center graduate shows a real passion for educating the public on the workings of this court. He indicated that public service is his goal, and we believe him.
As we said in 2014: Horwitz’s heart is in the right place, but the public is in good hands with Butts.