[ Report Home | Previous Page | Next Page ] Lowering the Bar: Lawyers Keep Texas Appeals Judges on Retainer   IV. Who Bankrolls the Justices?

A. Contributions By Donor Size
Major donors of $1,000 or more accounted for 73 percent of the $6.8 million in appeals court contributions studied in this report; mega-donors of $10,000 or more accounted for 24 percent of the total. Most Texas households could not afford to contribute $1,000 to a judicial candidate—even if they wanted to. These large donations fuel perceptions that justice is for sale in Texas.
 

Contributions By Donor Size

Donors Who  Gave Justices:  Total Contributions  Donor Count   Percent    of Total Less than $500 $1,133,311 7,735 17% $500 - $999 $723,355 1,284 11% $1,000 - $4,999 $2,303,025 1,370 34% $5,000 - $9,999 $1,051,587 174 15% $10,000 or more $1,613,180 71 24% TOTALS: $6,824,458 10,634 100%

 

B. Lawyer Money Dominates
The perceived inequities of this system are compounded further by the fact that donors in the Lawyers & Lobbyists sector gave district appeals justices $4.9 million, or 72 percent of their total campaign funds. With lobbyists and related interests accounting for a negligible $11,682 of this sector’s total, the justices took close to three-fourths of their campaign money from lawyers and law firms—the very donors who have the most recurring interest in the rulings of these courts. The remaining 28 percent of the justices’ money came from non-lawyer individuals (22 percent) and institutional PACs and businesses other than law firms (6 percent).
 
 
 

Lawyer Money Dominates

Donor  Contributions   Percent  Lawyers & Law Firms $4,901,913 72% Individual Non-Lawyer Donors $1,501,179 22% Institutional Non-Law Donors $421,366 6% TOTALS: $6,824,458 100%

 
 

1. Dependency On Lawyer Money Is Increasing

Election  Cycle Lawyer & Law Firm  Contributions  Lawyers & Law Firms  Share of Total 1996 $300,160 61% 1998 $835,021 66% 2000 $2,499,361 74% 2002 $1,267,370 76% TOTALS: $4,901,913 72%

Texas’ district appeals justices increased their dependence on attorney contributions steadily over the four election cycles analyzed in this report. Sitting justices who won office in 1996 obtained 61 percent of their money from lawyers and law firms, while justices just elected in 2002 obtained 76 percent of their campaign money from attorney interests.
 
 

2. Lawyer Dependency By District

District Share of Money  Raised From Lawyerss 1-Houston 73% 2-Fort Worth 68% 3-Austin 67% 4-San Antonio 69% 5-Dallas 89% 6-Texarkana 48% 7-Amarillo 70% 8-El Paso 89% 9-Beaumont 67% 10-Waco 41% 11-Eastland 33% 12-Tyler 23% 13-Corpus 88% 14-Houston 87% TOTAL: 72%

The dependency of the justices on lawyer contributions varied by district, ranging from a high of 89 percent of all money raised in Dallas’ Fifth District and El Paso’s Eighth District to a low of 23 percent in Tyler’s Twelfth District. Generally, larger courts in major metropolitan areas had larger war chests and a greater dependency on lawyer contributions.
 

3. Lawyer Dependency By Party

Party No. of  Races Won  Total Money  Raised  Amount of Money  From Attorneys Share of   MoneyRaised   From Lawyers  Dem. 24 $2,753,729 $2,248,321 82% Rep. 63 $4,070,729 $2,653,591 65% TOTAL: 87 $6,824,458 $4,901,912 72%

Democratic justices generally took a much larger share of their campaign money from lawyers than their Republican counterparts. Attorneys accounted for an average of 82 percent of winning Democratic war chests and 65 percent of winning GOP war chests. This may reflect a narrower fundraising base among Democratic judicial candidates as well as the electoral shift that has forced winning Democratic judicial candidates to raise an average of 78 percent more money than their Republican counterparts.
 

4. Lawyer Dependency Rankings of Justices
While the justices took an average of 72 percent of their money from lawyers and law firms, 19 of the 87 campaigns turned to lawyers for at least 90 percent or their money and five incumbent justices with small war chests took all of their money from lawyers.⁸  Corpus Christi Justice Dori Contreras Garza took 96 percent of her $266,072 from attorneys (with 19 percent coming from the Law offices of Michael Garza and Dori Contreras Garza). Houston Justices Charles Seymore and Scott Brister raised more than $100,000, with attorneys supplying 90 percent of their money.
 

Most Lawyer-Dependent Justices

Justice Election  Year Dist. Running Status Amount  Raised Share From  Lawyers Richard Barajas (D) 1996 8 Incumbent $4,800 100% Joseph B. Morris (R) 2000 5 Incumbent $16,550 100% James 'Ed' Kinkeade (R) 2000 5 Incumbent $11,000 100% Linda B. Thomas (R) 2000 5 Incumbent $3,500 100% Mark Whittington (R) 2002 5 Incumbent $24,500 100% Molly M. Francis (R) 2002 5 Incumbent $39,500 99% Kerry P. Fitzgerald (R) 2002 5 Incumbent $31,570 99% Richard H. Edelman (R) 2000 14 Incumbent $35,475 98% David L. Bridges (R) 2002 5 Incumbent $37,600 97% Carolyn Wright (R) 1998 5 Incumbent $35,800 97% Dori Contreras Garza (D) 2002 13 Open $266,072 96% Linda Reyna Yanez (D) 1998 13 Incumbent $64,760 95% Kerry P. Fitzgerald (R) 2000 5 Open $36,645 95% Michael J. O'Neill (R) 1998 5 Open $89,865 95% William G. 'Bud' Arnot (D) 2000 11 Incumbent $12,125 91% Carolyn Wright (R) 1996 5 Incumbent $32,500 91% Charles W. Seymore (R) 2000 14 Challenger $104,060 90% Scott Brister (R) 2000 1 Open $243,708 90% Richard Barajas (D) 2002 8 Incumbent $31,133 90%

 
 

Least Lawyer-Dependent Justices

Justice Election  Year Dist. Running Status Amount  Raised Share From  Lawyers Timothy G.Taft (R) 2000 1 Incumbent $5,222 0% James T. Worthen (R) 1998 12 Challenger $114,846 3% David Puryear (R) 2000 3 Challenger $87,467 9% Dixon W. Holman (R) 1996 2 Incumbent $5,500 9% Dixon W. Holman (R) 2002 2 Incumbent $3,000 17% Terry McCall (R) 1998 11 Open $75,976 22% Josh R. Morriss (R) 2002 6 Incumbent $101,491 25% Rex D. Davis (R) 1996 10 Incumbent $82,882 31% Errlinda Castillo (D) 2000 13 Open $2,400 38% Sandee Bryan Marion (R) 2002 4 Incumbent $88,141 38% Rex D. Davis (R) 2000 10 Incumbent $79,800 42% Thomas W. Gray (R) 1998 10 Open $93,939 42% David B. Gaultney (R) 2000 9 Open $198,050 43% Karen A. Angelini (R) 1998 4 Incumbent $157,255 45% Samuel M. Nuchia (R) 1996 1 Open $76,921 47% Terrie Livingston (R) 1996 2 Incumbent $41,215 47%

At the other end of the spectrum, attorneys supplied less than half of the money raised by justices in 16 winning campaigns, including none of the modest war chest of Houston Justice Timothy Taft, whose wife supplied one-third of his money. Just two justices who raised more than $100,000 obtained 25 percent or less from attorneys: Tyler Justice James Worthen (who self-financed 85 percent of his 1998 war chest) and Texarkana Justice Josh Morriss.

Contributions to the justices from the legal profession are concentrated. The top 50 firms supplied more than $1.7 million (see accompanying table), which accounts for 26 percent of all the money analyzed in this study and 36 percent of all attorney money. Led by $172,356 from Vinson & Elkins’ PAC and attorneys, the top three sources of attorney cash were Houston-based corporate defense firms. Dallas-based plaintiff firm Baron & Budd ranked No. 4, with $77,018. The justices receive a steady stream of cases from the major defense and plaintiff firms that bankroll their election campaigns.
 

Top Law Firm Donors

Law Firm (PAC and Attorney donations) Amount Texas Base  *Favorite Judge(s) Vinson & ElkinsD $172,356 Houston Scott Brister Fulbright & JaworskiD $97,580 Houston Scott Brister Baker & BottsD $88,462 Houston Scott Brister Baron & BuddP $77,018 Dallas James A. Moseley Haynes & BooneD $70,050 Dallas Fitzgerald/James Locke Liddell & SappD $60,275 Dallas Kem Thompson Frost Michael J. Garza & Dori Contreras GarzaP $50,100 McAllen Dori Contreras Garza Andrews & Kurth Mayer Day Caldwell…D $46,650 Houston Scott Brister Perry HaasP $45,000 Corpus Dori Contreras Garza Edwards Law FirmP $43,250 Corpus Dori Contreras Garza Gardere Wynne Sewell & RiggsD $42,900 Dallas Martin E. Richter Soules & WallaceD $42,900 San Antonio Catherine M. Stone MehaffyWeberD $39,658 Beaumont David B. Gaultney Winstead Sechrest & MinickD $38,700 Dallas Kem Thompson Frost Jackson WalkerD $37,150 Dallas Scott Brister Constant & VelaP $37,000 Corpus Garza/Rodriguez/Valdez Thompson & KnightD $36,180 Dallas James A. Moseley Hughes & LuceD $33,943 Dallas Jan P. Patterson Bracewell & PattersonD $31,949 Houston Scott Brister Jenkens & GilchristD $31,515 Dallas Anne L. Gardner Law Offices of Pat MaloneyP $31,500 San Antonio Alma L. Lopez Watts Law FirmP $30,206 Corpus Frederico Hinojosa Jr. Dawson & Sodd $27,500 Corsicana Thomas W. Gray O'Quinn Laminack & PirtleP $25,950 Houston Sarah B. Duncan Akin Gump Strauss Hauer & FeldD $25,220 Dallas Catherine M. Stone Strasburger & PriceD $24,475 Dallas Kem Thompson Frost Susman GodfreyD $24,000 Houston Kem Thompson Frost Cantey & Hanger Roan & AutreyD $23,625 Fort Worth Lee Ann Dauphinot McDonald Clay Crow & McGartlandP $23,489 Dallas Lee Ann Dauphinot Gibbs & BrunsD $23,000 Houston Scott Brister Maloney & MaloneyP $22,750 San Antonio Alma L. Lopez Kelly Hart & HallmanD $21,775 Fort Worth Anne L. Gardner Huerta & AllisonP $21,700 Corpus Alma L. Lopez Lyons & RhodesP $21,500 San Antonio Alma L. Lopez Phil Watkins, PCP $21,350 San Antonio Catherine M. Stone Howie & SweeneyP $21,180 Dallas Donnie R. Burgess Wyatt Law FirmP $21,000 Corpus Alma L. Lopez Jose Henry Brantley & KeltnerP $20,500 Fort Worth Dauphinot/Walker Shannon Gracey Ratliff & MillerD $19,881 Fort Worth Anne L. Gardner Orgain Bell & TuckerD $17,925 Beaumont Donnie R. Burgess Fleming & AssociatesP $17,750 Houston Scott Brister Person Whitworth Ramos Borchers…D $17,600 Laredo Alma L. Lopez McKool Smith $17,500 Dallas Lee Ann Dauphinot Reaud Morgan & QuinnP $17,500 Beaumont Donnie R. Burgess Beirne Maynard & ParsonsD $17,250 Houston Alcala/Brister/Frost Mithoff & JacksP $17,058 Houston Jan P. Patterson Provost & UmphreyP $16,600 Beaumont Donnie R. Burgess William J. Tinning, PCP $16,500 Portland Rodriguez/Valdez Hall & BatesP $16,000 San Antonio Alma L. Lopez Law Office of Ramon GarciaP $16,000 Edinburg Hinojosa/Valdez TOTAL: $1,760,920     D = Defense Firm; P = Plaintiff Firm. *"Favorite Judge(s)" is calculated per election cycle (to account for justices who ran twice).

 
 
 

C. Contributions By Other Economic Interests

Interest  Contributions     Percent      of Total  Agriculture $46,290 1% Communications $23,455 0% Construction $114,977 2% Electronics $10,355 0% Energy & Natural Resources $206,586 3% Finance $226,766 3% Health $179,757 3% Ideological $106,705 2% Insurance $43,015 1% Labor $17,250 0% Lawyers & Lobbyists $4,912,270 72% Miscellaneous Business $122,244 2% Other $467,507 7% Real Estate $77,860 1% Transportation $66,017 1% Unknown $201,208 3% TOTALS: $6,824,458 100%

After Lawyers & Lobbyists, the next-largest group of donors—accounting for 7 percent of all the money—is the “Other” category, dominated by civil servants and public officials. Thirty-seven percent of this sector’s money comes from: Judicial candidates themselves; Transfers between two PACs of the same judicial candidate; or Donations from the PACs of other politicians. The largest self donors were Justice James Worthen ($97,778) and Justice Terry McCall ($22,153).

The next-largest sector, “Finance,” supplied $226,766, or just 3 percent of the total money raised.
 
 

D. Top Non-Lawyer Donors
Texas’ intermediate appeals court justices rely on lawyers and law firms for most of their campaign money, filling a comparatively modest 28 percent of their campaign coffers ($1,922,545) from other sources. This is hardly surprising, given that few non-lawyers know the names of these justices—much less their records. This leaves a small core of commercial interests that give heavily to these judicial campaigns. Most of these big donors have been parties to state court cases.

The top tier of these non-lawyer donors is dominated by PACs and employees of major sources of state political money that have direct interests in the legal decisions of state courts. These big donors include Fort Worth’s oil-rich Bass family, the Texas Medical Association, Houston homebuilder Bob Perry and Texans for Lawsuit Reform. The second tier of these donors, however, includes some lesser-known, regional commercial interests that do not rank as Texas political king makers, such as Beaumont construction firm Conex International and McAllen beer distributor L & F Distributors. Not surprisingly, many second-tier donors appear to have gotten involved in appeals court campaigns as a result of litigation that landed them in these courts.
 

Top Non-Lawyer Donors

Source (PACs and Employees) Amount   Location  *Favorite Judge(s) Bass family (diversified oil fortune) $59,500   Fort Worth Anne L. Gardner Texas Medical Association $26,434   Austin David B. Gaultney Perry Homes $24,750   Houston Brister/Jennings Texans for Lawsuit Reform $19,500   Houston David B. Gaultney Associated Republicans of Texas $17,335   Austin David Puryear International Bank of Commerce $17,227   Laredo Alma L. Lopez Conex Internat'l (gen'l contractors) $17,000   Beaumont Donnie Burgess L & F Distributors (beer distributor) $13,500   McAllen Hinojosa/Lopez Reliant Energy $12,905   Houston Scott Brister Duncan Truck (dealership) $10,500   Waco Sarah B. Duncan Tepito Electronics (appliances) $10,000   Laredo Alma L. Lopez FirstCity Financial Corp. $9,750   Waco Thomas W. Gray Truman Arnold Co's (wholesale gas) $9,700   Texarkana Josh R. Morriss BexarPAC (doctors) $9,000   San Antonio Karen A. Angelini Jani-King (janitorial franchiser) $8,100   Addison James A. Moseley TETCO, Inc. (wholesale gas) $8,000   San Antonio Lopez/Stone Texan Land/Taub Investments $7,925   Houston Samuel M. Nuchia Laredo National Bank $7,100   Laredo Alma L. Lopez SBC Corp. (Southwestern Bell) $7,028   San Antonio Paul W. Green Texas Automobile Dealers Assoc. $7,000   Austin Jan P. Patterson Offenhauser & Co. (insurance agent) $6,652   Texarkana Josh R. Morriss Flournoy Exploration (oil & gas) $6,500   Alice Alma L. Lopez Killam Oil Co. (oil & gas) $6,450   Laredo Alma L. Lopez Beaumont Bone & Joint $6,300   Beaumont David B. Gaultney Chiles Survivors Trust (oil fortune) $6,250   Fort Worth Lee Ann Dauphinot H.B. Zachry Co.(gen'l contractors) $6,212   San Antonio Paul W. Green †TX Bipartisan Justice Com. $6,133   Longview Kenneth Mack Kidd TOTAL: $346,751       †Medical, engineering and other business tort interests. *"Favorite Judge(s)" is calculated per election cycle (to account for justices who ran twice).

 
 

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8 This report analyzes donations of $100 or more when candidates did not file electronically.