A supremely important election
A number of important elections will take place in November, including several contested races for the Texas Supreme Court.
Regardless of the outcome of the November election, 2008 will be remembered as one of the most extensively covered presidential elections in United States history. At the same time, it seems like there's hardly been a whisper of the other elections on this year's ballot.
As important as the presidential election is, the reality is that from a business perspective, officeholders at the state and local levels often have the greatest impact on the rental housing industry. Don't forget that on the November 4 ballot, voters will also choose their representatives in the U.S. Congress, one of Texas' U.S. Senators, the members of the Texas House of Representatives and about half of the Texas Senate. There are also local elections.
Important and overlooked
Most statewide offices, such as governor, are not on the ballot until 2010. However, there are several contested races for the Texas Supreme Court, which is the state's highest court for hearing appeals on civil matters. In addition, the court is responsible for developing the rules that govern civil proceedings, including evictions. Unfortunately, because of the difficulty of raising money for Supreme Court races and all the other races that are on the ballot, these races are often overlooked by voters.
Industry veterans remember back in the late 1980s and early 1990s when the state's civil justice system was out of control. At that time, it wasn't unusual to see property owners sued for circumstances that were out of their control. For example, in cases where a crime occurred on a property and the criminal wasn't caught, juries often felt the need to hold someone accountable for the crime and convicted the property owner, leaving some property owners liable for millions of dollars for a crime they didn't commit. The problem was both from state laws that encouraged excessive litigation and a state Supreme Court where members tended to "legislate from the bench."
Through years of work by groups like the Texas Civil Justice League and Texans for Lawsuit Reform, balance was brought back to the state's civil justice system. A key component of that shift was making sure that the justices serving on the Texas Supreme Court had a balanced, commonsense perspective.
According to a 2007 study by the U.S. Chamber of Commerce Institute for Legal Reform, Texas ranked 44th in terms of the state's lawsuit climate, meaning that on a statewide basis, Texas was considered to have a very fair and reasonable litigation environment.
This year, there are three state Supreme Court races on the ballot: chief justice and places seven and eight. The Texas Apartment Association has endorsed the incumbents in these races: Chief Justice Wallace Jefferson, Justice Dale Wainwright and Justice Phil Johnson.
Chief Justice Wallace Jefferson
Chief Justice Jefferson was appointed to the court by Gov. Rick Perry in 2001. In 2004, Perry promoted him to chief justice.
Jefferson earned his Juris Doctor degree in 1988 from the University of Texas School of Law and is board certified in civil appellate law by the Texas Board of Legal Specialization.
In 1991, he co-founded the firm of Crofts, Callaway and Jefferson in San Antonio, which was considered one of the preeminent appellate practices in Texas, and successfully argued two cases before the U.S. Supreme Court before he turned 40. As his campaign website states, "His experience arguing at the highest court in the land, combined with his advocacy before the Supreme Court of Texas and the United States Court of Appeals for the Fifth Circuit, brings a unique and valuable perspective to the bench."
Justice Dale Wainwright
Justice Wainwright graduated from Howard University (summa cum laude) in 1983 and earned his law degree from the University of Chicago Law School in 1988. He also studied at the London School of Economics.
In 1999, after more than a decade in private practice, Gov. George W. Bush appointed Wainwright to the District Court bench in Harris County. In 2001, Gov. Rick Perry appointed Wainwright to a six month temporary commission on the Texas Supreme Court to help decide a case when a sitting justice recused from the case, and in 2002, Wainwright was elected to the Texas Supreme Court. Attorneys voted Wainwright best qualified to serve on the Texas Supreme Court by nearly a two-to-one margin over his general election opponent.
Justice Phil Johnson
Justice Johnson attended Texas Tech University School of Law, where he was a member of the law review and graduated with honors in 1975. Johnson practiced law from 1975 until 1998 with the Lubbock law firm of Crenshaw, Dupree & Milam, L.L.P. He is board certified in civil trial law and personal injury trial law.
Gov. Rick Perry appointed Johnson to the Court in 2005. He was serving as chief justice of the Seventh Court of Appeals in Amarillo at the time of his appointment. In November 2006, he was elected to fill the remaining two years of the Supreme Court term to which he was appointed.
Be informed
More information about these candidates can be found on their campaign websites: www.wallacejefferson.com, www.reelectdalewainwright.com, www.justicephiljohnson.com.
In addition to these races, there are a number of other races on the ballot that are considered to be close. View this complete list of TAA-endorsed candidates. When you go to vote on November 4, please consider TAA's recommendations as you cast your ballot. If you have questions about any of the other candidates endorsed by TAA, please contact Michele Gregg at michele@taa.org or 512/479-6252.