Questions for Candidates for Family Judicial Courts Conservative Coalition of Harris County

Transcription

1 Questions for Candidates for Family Judicial Courts Conservative Coalition of Harris County Our questionnaire has two parts; a short answer section to go onto the Voter s guide and longer answer section giving the candidate space to indicate their reasons and opinions on issues. This questionnaire will be posted onto the Conservative Coalition of Harris County website for public voter viewing. Candidate Name Anthony Magdaleno Position that Candidate is Running For 311 th Harris County Judicial District Court (Family) Short Answer Question Form: Please indicate your position to the following statements or questions with the following abbreviations (unless otherwise indicated). (SF-Strongly favor, F-Favor, U-Undecided, O-Oppose, SO-Strongly oppose, NR-No response) Question Which Supreme Court Justice most closely represents your judicial philosophy? Roberts / Scalia / Kennedy / Thomas / Kagan / Ginsburg / Breyer / Alito / Sotomayor Should Texas judges be able to display the Ten Commandments in their courtrooms? In Harris County, are parental rights adequately protected? Does the Harris County Child Protective Services (CPS) agency exercise too much, not enough, or about the right amount of power when removing children from their parents. On a scale of 1-10, 1 being worst and 10 being best, rank the Harris County foster care program administered by CPS. Answer NR NR NR NR NR Long Answer Question Form. Please give your answer to each of the following questions and please include your rationale with each answer. Please be concise & clear. CCHC 2014 Family Judicial Court Questionnaire Page 1 of 5

2 . Please describe the qualifications and experience that make you the best candidate for the office you are seeking. Answer: I graduated from the University of Houston University Park with a Bachelor of Science Degree in Political Science in May, Thereafter, I graduated from South Texas College of Law with a Doctor of Jurisprudence Degree in December, I passed the February, 1988 Texas Bar Examination and was licensed to practice law by the Supreme Court of Texas on May 6, I am running for this bench because I am concerned about the men, women, and children who come before this Court, many of whom are scared and intimidated by the litigation process, and who are experiencing some of the most stressful and challenging circumstances of their lives. One of the most significant concerns of a parent is the possibility of losing his or her child to the other parent. These litigants need the prompt assistance of the Court. In addition, protecting the integrity of the judicial system and the objectivity of the Court -- is of the utmost importance to me. Clients always ask Is this a fair Judge? when their case is assigned to a particular court. That is always a major concern of these litigants. Consequently, that is the reason I have answered NR to the above questions and respectfully decline to answer other questions herein to protect the objectivity and integrity of the Court. 2. Please describe what you believe are the most significant issues in this race and why. Answer: The significant issues facing the 311 th Court are: absenteeism; failing to provide litigants with prompt hearings and timely rulings; failing to provide due process such as notice to litigants, causing litigants to spend unnecessary attorney s fees, and the application of the Judge s own personal policies (which have no basis in law) to all cases in her Court. 3. Which Supreme Court Justice most closely represents your judicial philosophy? Please explain why. Answer: See my response above. 4. To what extent have you practiced in the area of Family law? Answer: I have practiced family law for over 25 years. I have been appointed by the family courts to represent children in divorce, modification, and Children s Protective Services cases. I have represented clients in complex divorce, property, and custody cases. I have also sat as a Special Magistrate in a few of the Family Courts. Although endorsement interviews are now taking place, I have already received an endorsement from the C Club of Houston as well as an endorsement from the Spring Branch Republicans. Alvin Walker (Pct. 0618) and Phillip Webb (Pct. 0474) have also endorsed my candidacy. More endorsements are expected upon the completion of these interviews. 5. What carries the greatest influence in your rulings: case law, the Constitution, state statues, or other? Answer: All legal authority, whether it be statutory law, case law, Constitutional law, etc. is important. 6. Please identify what changes can be made to the county family court system to make it more efficient from your point of view. Answer: Add a court or courts for the purpose of hearing only Children s Protective Services cases, since that caseload is so large in Harris County. CCHC 2014 Family Judicial Court Questionnaire Page 2 of 5

3 7. Are there any actions you can do as judge of a Family Court to reduce the incidence of divorce and strengthen the family unit in Harris County? Answer: LISTEN to the litigants who come before the court. 8. Please describe the changes you will make to improve the efficiency of your court (the ideal workload balance for your court in hours-per-week allocated to court sessions, case review in the office, training, collaboration, etc.). Answer: To improve the efficiency of the Court, I would not insist that certain matters be heard only at certain times of the week. For example, the 311 th Court currently hears uncontested divorces from 8:00 A.M. to 9:00 A.M. However, my policy would be that if a party and his or her attorney wanted to prove-up an uncontested divorce at 4:30 P.M. on any afternoon during the work week, they should be able to do so. As long as the Judge is not busy hearing other matters he or she should be at the disposal of the litigants and their attorneys to resolve their pending issues. Another way to insure improve efficiency would be to consider setting afternoon dockets. In family courts, there should be no reason why there is no activity taking place in the courtroom after the noon hour. The Court should be busy every full day of the week. 9. What has been your greatest accomplishment in your legal career? In your personal life? Answer: Over the course of my career, being able to provide legal representation to many individuals who otherwise would have not had access to the judicial system and who would have had to accept consequences that would forever negatively affect their lives. 10. Please explain why you do, or do not, support applying term limits to family court judges. Answer: I do not support applying term limits to family court judges. This would allow good jurists to be dismissed even when they could offer many additional years of excellent service to those voters who find themselves in disputes that require the Court s intervention. On the other hand, this also would allow bad judges to remain on the bench as well. The responsibility would then fall upon the voters to do their research and remove these bad judges from the bench. CCHC 2014 Family Judicial Court Questionnaire Page 3 of 5

4 11. Do you believe that voluntary professional and community service is a necessary commitment for persons holding public office? What forms of voluntary professional and community service have you been involved with in the past? Currently? Answer: Although it should not be legally mandated, I believe that elected officials should be involved in some type of voluntary professional and/or community service in order to remain in touch with the voters who they have been elected to serve. I am a member of the following organizations: United Republicans of Harris County; Daughters of Liberty; Ronald Reagan Republican Women; Village Republican Women; Downtown Houston Pachyderm Club; Greater Houston Pachyderm Club; Tejas Republican Women; San Jacinto Republican Women; Magic Circle Republican Women; Republican Hispanic Citizens in Action; Republican National Hispanic Assembly of Harris County; and Cypress Tea Party. In addition, for the last eight years I have served, and continue to serve, as a board member/officer of Tejano Center for Community Concerns, Inc., a nonprofit organization which addresses the needs of low-income children and families through the provision of educational, social, health services and community development initiatives. I also currently serve as the board chair of the Raul Yzaguirre School for Success, a charter school program of the Tejano Center for Community Concerns, Inc. I have also served as the legal advisor to Hispanic Women in Leadership, as a board member of the Association for the Advancement of Mexican-Americans and the George I. Sanchez Charter School, a charter school program of the Association for the Advancement of Mexican-Americans, and as a board member of Teatro Bilingue de Houston. All of these activities have been, and continue to be, on a volunteer basis. Professionally, I have been a past member of the Houston Bar Association, a past Director of the Houston Bar Association s Family Law Section Board, a past participant in the Houston Bar Association s Family Law Evening Court, a past participant in the Houston Bar Association s Legal Lines, a past Board Director of the Houston Bar Association s Houston Lawyer Referral Service, a past member of the State Bar of Texas Local Bar Services Committee, a volunteer Judge for the South Texas College of Law and University of Houston Law School Mock Trial and/or Moot Court programs, a past member of the American Bar Association, a past member of the Association of Women Attorneys, a past President and current member of the Mexican-American Bar Association of Houston, a current member of the Mexican-American Bar Association of Texas, a past Board Director and Treasurer of the Hispanic Bar Association of Houston, a past member of the Delta Theta Phi Law Fraternity, a past member of the College of the State Bar of Texas, a past member of the State Bar of Texas' Committee for Opportunities for Minorities in the Profession, a past member of the Texas Young Lawyer's Association, and a past member and Board Director of the North Harris County Bar Association. This involvement has also been voluntary. Questions are questions concerning your viewpoints from a VOTER s point of view only; and may or may not reflect on your judicial philosophy. CCHC 2014 Family Judicial Court Questionnaire Page 4 of 5

5 12. As a voter, what are the main social conservative values that you look for in when selecting to vote for federal congressional candidates (House and Senate races)? Answer: With all due respect, I am not allowed to respond to this inquiry under the CODE OF JUDICIAL CONDUCT, Canon 5: Refraining From Inappropriate Political Activity. So as not to violate the Canon governing my conduct as a judicial candidate on issues that could easily be presented to the Court under the Texas Family Code, as well as to protect the integrity of the Court, I am not permitted to answer this question. 13 As a voter, what are the main fiscal conservative values that you look for in when selecting to vote for federal congressional candidates (House and Senate races)? Answer: I have had my own solo law practice since 1994, six years after I began practicing law. Sometimes business is good, and sometimes it is not so good. I look for congressional candidates who will advocate that those who work hard for a living should keep as much of the fruits of their labor as possible, to be utilized as these individuals see fit. While I can understand being taxed to insure that our military remains strong, for example, no one wants to finance unnecessary programs through excessive taxation. 14 As a voter, should the election of judges be changed in any way (schedule, appointment, term, term-limited, non-partisan, etc.)? Answer: Any means of electing a judge should be one that insures that fairness, integrity, and objectivity are the traits of the elected jurist. At the very least, the voters who become litigants in a court of law deserve this. BY RETURNING THIS QUESTIONNAIRE, THE CANDIDATE ASSUMES FULL RESPONSIBLITY FOR ALL ANSWERS TO THIS QUESTIONNAIRE. THE ANSWERS ON THE FOREGOING REFLECT THE CANDIDATE S BEST EFFORTS TO ANSWER THIS QUESTIONNAIRE HONESTLY AND DIRECTLY. PLEASE SAVE YOUR COMPLETED QUESTIONNAIRE TO YOUR LOCAL MACHINE IN THE EVENT THAT THERE ARE ANY TECHNICAL PROBLEMS WHEN YOU ATTEMPT TO IT BACK. Once this questionnaire has been completed, please it (typically File Send to Mail recipient (as attachment) from Microsoft Word ) to: Coordinator@ConservativeCoalitionHC.org. Note that if you simply Reply or Forward the original , you must Add Attachment to attach your saved questionnaire. If you would like technical assistance with the return process, please call and ask for Alex. * Please note: You must return your questionnaire from the address to which it was sent. Questionnaires returned from any other address will be considered fraudulent and will not be recorded and no answers will be published in the voter s guide. CCHC deems a return from the proper address as authentication of the correct respondent. CCHC 2014 Family Judicial Court Questionnaire Page 5 of 5

6 ANTHONY RAYMOND MAGDALENO, II Attorney At Law Telephone: Telefax: Regency Sq. Blvd., Suite 111 Houston, Texas Cellular Telephone: EDUCATION: South Texas College of Law -- Houston: Graduated with a Doctor of Jurisprudence Degree in December, Passed February, 1988, Texas Bar Examination. Licensed to practice law on May 6, University of Houston/University Park: Graduated with a Bachelor of Science Degree in Political Science in May, PROFESSIONAL EMPLOYMENT: September, Present: Owner of ANTHONY R. MAGDALENO, II Attorney At Law A solo practice with an emphasis in the area of family law, which includes divorce, adoption, child support and visitation issues, and children s protective services matters. Attorney appointed as an Amicus and Attorney Ad Litem in Harris County Family Law Courts. Attorney also receives Ad Litem appointments from Harris County Probate Courts and Harris County Civil and Harris County District Courts. Attorney has also served as a Special Magistrate in the 308 th and 311 th Harris County District Courts. November, September, 1994: Employed as an Assistant School Attorney by the Houston Independent School District, the fifth largest school district in the United States. April, November, 1992: Employed as an associate attorney with the Law Offices of A. Robert Hinojosa & Associates. Worked directly for Mr. Hinojosa, a board-certified family law practitioner and previously a family law court judge. 1

7 September, April, 1990: Employed as an associate attorney with the Law Offices of Kobobel and Associates, Inc., a general practice firm. My responsibilities were primarily in the area of family law. March, September, 1988: Employed as a law clerk and subsequent associate attorney with the Law Offices of Robert Hohenberger, P.C., a board-certified family law and consumer and business law practitioner. My responsibilities were both in the areas of family and bankruptcy law. PROFESSIONAL ORGANIZATIONS AND INVOLVEMENT: Member, State Bar of Texas. Member, Houston Bar Association Past Director, Houston Bar Association s Family Law Section Board Past Participant, Houston Bar Association s Family Law Evening Court Past Participant, Houston Bar Association s Legal Lines Past Board Director, Houston Bar Association s Houston Lawyer Referral Service. Past Member, State Bar of Texas Local Bar Services Committee. Volunteer Judge, South Texas College of Law and University of Houston Law School Mock Trial and/or Moot Court Programs. Past Member, American Bar Association. Past Member, Association of Women Attorneys Past President/Current Member, Mexican-American Bar Association of Houston. Member, Mexican-American Bar Association of Texas. Past Board Director and Treasurer of the Hispanic Bar Association of Houston. Past Member, Delta Theta Phi Law Fraternity. Past Member, College of the State Bar of Texas. 2

8 Past Member, State Bar of Texas' Committee for Opportunities for Minorities in the Profession. Past Member, Texas Young Lawyer's Association. Past Member and Board Director of the North Harris County Bar Association. OTHER AFFILIATIONS/PRO BONO COMMUNITY INVOLVEMENT: Past Member, Republican Leadership Council Member, United Republicans of Harris County Member, Daughters of Liberty Member, Ronald Reagan Republican Women Member, Village Republican Women Member, Downtown Houston Pachyderm Club Member, Greater Houston Pachyderm Club Member, Tejas Republican Women Member, San Jacinto Republican Women Member, Magic Circle Republican Women Past Member, Bay Area Republican Women Past Member, Texas Tea Party Republican Women Past Legal Advisor/Current Member, Republican National Hispanic Assembly of Harris County. Past Legal Advisor, Republican National Hispanic Assembly of the United States. Past President/Current Member, Republican Hispanic Citizens in Action Cypress Tea Party 3

9 Vice-Chair, Tejano Center for Community Concerns, Inc., a non-profit organization which addresses the needs of low-income children and families through the provision of educational, social, health services and community development initiatives. Chair, Raul Yzaguirre School for Success, a charter school program of the Tejano Center for Community Concerns, Inc. Past Legal Advisor, Hispanic Women in Leadership. Past Member, National Council of La Raza. Past Director and Past Vice-Chairperson of the Association for the Advancement of Mexican-Americans. Past Board Trustee of the George I. Sanchez Charter School, a program of the Association for the Advancement of Mexican-Americans. Past Board Director of Teatro Bilingue de Houston. FAMILY LAW APPELLATE REVERSALS: In the Interest of J.N.F. and J.M.F., 116 S.W.3d 426 (Tex.App.-Houston [14 th Dist.] 2003, no writ) POLITICAL EXPERIENCE: Currently a candidate for Judge, 311 th Harris County Family District Court, in the March, 2014 Harris County Republican Primary election. Previously a candidate for Judge, 311 th Harris County Family District Court, in the March, 2010 Harris County Republican Primary election. PERSONAL: Date of Birth: July 14, 1961, in Houston, Texas. Religious Affiliation: Roman Catholic. Parishioner of St. Vincent de Paul Catholic Church. Member, Knights of Columbus, 1 st Degree, Council Number

10 Hobbies: Reading, the outdoors, sports, weight-training, Houston Astros baseball and Houston Texans football, and Krav Maga, a self-defense system utilized by the Israeli Defense Forces. 5

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