Walker best Republican hopeful for Texas high court
Republican voters have a compelling candidate for the Texas Supreme Court in Brian Walker, who serves on the 2nd District Court of Appeals in Fort Worth.
And then there is Supreme Court Justice John Devine.
We recommend Walker in the GOP primary for the Texas Supreme Court, Place 4. Walker has an appropriate background for the state’s highest civil court and the conservative credentials in this primary. He has nearly 20 years of legal experience handling civil and criminal matters, as well as military and veterans’ legal issues. He was also a former JAG in the U.S. Air Force Reserve. And, of course, he hears appeals at the 2nd District Court.
Controversy has been a constant for Devine. When he successfully sought this office in 2012, the former Harris County district judge was best known for hanging the Ten Commandments in his courtroom.
During his bid for the Texas Supreme Court, Devine boasted of being arrested 37 times outside abortion clinics. Such activism raised significant questions about his ability to be impartial. Those questions persist.
In this race, Walker has challenged Devine on a number of ethical concerns. These include Devine’s absences from oral arguments and his refusal to recuse himself in 2022 from hearing a sex abuse lawsuit involving former Southern Baptist Convention leader Paul Pressler.
The Texas Tribune reviewed court records for Pressler’s small legal firm, Woodfill & Pressler LLP, and found Devine “was listed as an attorney or guardian ad litem with the firm at least 27 times between 2002 and 2008, including nine suits that were filed while the plaintiff in the sex abuse lawsuit worked for the firm as Pressler’s personal aide.”
When the Pressler case made it to the Texas Supreme Court, Devine did not recuse. Instead he dissented in a 5-2 decision that allowed the suit to move forward.
Walker has also asserted that Devine has repeatedly missed oral arguments since September.
In a phone interview, Devine acknowledged he has missed a number of oral arguments because he has been campaigning. He said he has then watched recordings of those arguments. Between the two, he said he is “working twice as hard.”
“I can do the oral arguments at my convenience when it’s necessary and not miss an important political event that may have a great deal of bearing,” he said.
He criticized Walker for not attending campaign events and said they have yet to meet.
As for recusal in the Pressler case, Devine said he was not a partner at the firm and had no financial interest. He described Pressler as a name on the letterhead.
The absences and failure to recuse from the Pressler case are alarming because, at the very least, they shake the public’s confidence in the impartiality of the Texas Supreme Court.
Republican voters have a strong conservative challenger who is free from controversy. Walker gets our recommendation in this race.