Justice Smith Appeals to Conservative Republicans

State justice undeterred by opponent's support, money Supreme Court justice appealing to conservative Republicans

While Texas Supreme Court Justice Steven Wayne Smith was speaking over the clatter of forks and glasses at a Republican Club of Austin luncheon Tuesday, his opponent was out campaigning in the company of Gov. Rick Perry.

While Smith was reporting that he has raised about $95,000 for his bid to keep his seat on the state's highest civil court, challenger Paul Green announced that his fund-raising totals about $450,000.

Smith continues to methodically campaign, apparently unperturbed by the political muscle and money aligned against him.

Smith's election in 2002 was an unwelcome surprise to some of his fellow Republicans -- most notably the governor -- but Smith thinks he can do it again by appealing to the most conservative Republicans to beat an opponent richer in cash and endorsements.

Because no Democrat has filed for the seat, Republican voters will effectively decide the winner when they pick between Smith and Green on Tuesday.

Perry's support of Green, Smith said, is "mostly about sour grapes," because Smith beat Perry's choice for the court in the 2002 primary and went on to be elected to an unexpired term.

If Tuesday's reception by about 100 Austin-area Republicans is any indication, Smith's hopes of retaining his seat may not be unfounded.

Smith and Green were supposed to have appeared together at the event, for only the second time during the campaign, but Green skipped the luncheon to campaign with Perry.

Scott Spears, a longtime friend of Green's sent as a stand-in, was pummeled by the crowd, which wanted to know why Green didn't show and why he was challenging an incumbent Republican.

Spears said he did not know what prompted Green to run. Green has said that he feels ready to step up to the high court after serving for almost 10 years on the San Antonio-based 4th Court of Appeals.

Smith was applauded twice by the crowd, once while discussing his successful attempt as a private lawyer to overturn racial preferences in admissions at the University of Texas and for declaring that the courts have no business breaking new ground on social issues such as abortion or gay rights.

Appealing to social conservatives within the GOP, Smith thinks, will be his ticket to a full term. But he also notes that his votes on the high court have been relatively mainstream.

Smith said he has sided with the majority 95 percent of the time and written seven majority opinions.

His most significant dissent came in the most recent case over public school finance. Smith wrote that he believes the "Robin Hood" system of school finance is unconstitutional, although it has been approved by the court.

Smith, Green surrogate debate (5:54:17 PM) Supreme Court Justice Steven Wayne Smith debated Scott Spears, a partner in the lawfirm of Aaronson and Spears and surrogate for appeals court Justice Paul Green at the Republican Club of Austin today. Green had initially planned on attending in person, but pulled out to attend a get-out-the-vote rally with Gov. Perry in College Station.

Spears emphasized Green's support for strict interpretation of the constitution and laws and also emphasized that Green is supported by law enforcement and has ruled with prosecutors 92 percent of the time, the highest on the San Antonio-based court of appeals. (Court of Appeals judges hear criminal cases, but the Texas Supreme Court -- the office Green is seeking -- has no criminal jurisdiction.) Spears was asked repeatedly about Green's position on electing judges. Spears said Green supports electing judges and opposes a "Missouri plan" hybrid of appointed judges who undergo retention elections. Spears also had kind words for St. Mary's University School of Law, of which Green is a graduate. Spears also mentioned Green's endorsements from Gov. Rick Perry and Sen. John Cornyn.

Smith discussed his record and judicial philosophy. Smith drew applause from the crowd when he mentioned his work filing the Hopwood anti-racial preferences case, his decision to dissent from the rest of the court on school finance, and his support for elected judges. Smith also emphasized his support for "judicial free speech," the right of judicial candidates to make comments on issues.

Supreme Court Justice Steven Wayne Smith's showdown with his governor-backed opponent today turned into a non-event when Judge Paul Green was a no-show.

Smith beat Governor Rick Perry's appointee Xavier Rodriguez to fill the unexpired term of former Justice and current Attorney General Greg Abbott. Last month, Perry appeared at the Bexar County Republican Headquarters to endorse Republican opponent Paul Green, who has served on the Fourth Court of Appeals in San Antonio since 1994. Green also has carried the endorsement of US Sen. John Cornyn.

At the Austin Republican Club luncheon at Green Pastures today, Smith putting his non-endorsement from Perry on the table, calling it "sour grapes." Smith said he had repeatedly tried to meet with Perry following his victory over Rodriguez and Perry had declined. Smith said his record as a Republican member on the court was clearly not the issue. His votes were aligned with his Republican colleagues 95 percent of the time.

"The voters obviously are going to make the final decision," Smith told the crowd, pushing aside Perry's non-endorsement. "That's why I'm here to talk to you and to ask you to vote for me, to give me your continued support once more."

Smith's campaign had touted the Republican luncheon as the place where Smith would face off with his primary opponent. Green, however, sent his regrets and San Antonio Attorney Steve Spears in his place to make his case. Club members were told Green had a prior commitment to be at an event with Perry.

Smith spoke of himself as having a conservative judicial philosophy that mirrors U.S. Supreme Court Justices Antonio Scalia and Clarence Thomas. On his website, Smith quotes Scalia, saying it supports "reasonable construction," if not "strict construction."

In his speech and on his website, Smith proclaims that issues such as gay marriage, abortion rights and education funding should be left to the Texas Legislature and not the courts. Significant changes in common law also should be left to lawmakers, Smith said.

Spears was not inclined the share Green's view on gay marriage a question from the audience -- saying it was inappropriate for judges to share their opinions on social issues. On the other hand, Smith said he supports judicial free speech. Spears countered that Scalia's own public statements on the issue of "In God We Trust" had forced the Supreme Court justice to recuse himself from pending cases on the critical issue. Even if Green was present, he wouldn't answer questions on the topic, Spears said.

Instead, Spears stressed Green was "well respected and well liked" by his peers in the Texas Bar Association, capable of arguing his beliefs in a civil and professional way and still remain friends with his colleagues. Smith swatted aside the veiled barb, saying that he, too, had had no problems dealing with any of his colleagues on the Supreme Court.

Smith claimed Green had dodged the question of whether judicial candidates should be appointed or elected. Spears countered that Green had never supported the "abrogation of the rights of voters to elect their judges," considered a dodge by some in the audience.

Smith admitted he had raised less than Green, $130,000 to almost $200,000 for Green. Green raised more than $100,000 in contributions in less than a month. Green's endorsements include Perry, Cornyn and a number of law enforcement associations. Smith's endorsements include US Sen. Kay Bailey Hutchison and other conservative groups such as the Eagle Forum and Texans Right to Life Committee.

I did not know that Senator Hutchison is supporting Justice Smith. I am hopeful that he can prevail despite all the money arrayed against him and the Perry-Cornyn opposition. Though I prefer Perry to Hutchison, I surely prefer Smith to Green.

I'm not at all well-informed on Texas politics, but -- based only on what I read -- both KBH and Perry are some flavour of RINO. The one is supporting a constructionist, the other, apparently, a ''law is what I say it is'' type.

Tough choice, and I don't know Texas law AT ALL, but when it comes to judges, usually, confirmation is FOREVER (one way or another).

Hope Smith prevails!

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