“A majority of state lawyers and judges would oust Court of Criminal Appeals Presiding Judge Sharon Kellerin favor of Austin lawyer Keith Hampton this November, according to a poll by the State Bar.

Nearly 9,300 Texas State Bar members voted between April 8 and May 8, with Hampton beating Keller by 52 percent to 38 percent. Keller, a Dallas Republican, has been the presiding judge on the state’s highest criminal court for a decade.

She attempted to get Hampton removed from the ballot earlier this year by charging that he didn’t collect enough valid signatures to qualify for a spot on the ballot. But the state Democratic Party chairman chose to leave Hampton’s name.

Hampton has said the court needs a fresh perspective and that his legal experience makes him the most qualified person for the job.

Keller has been involved in several ethical battles including formal charges from the state Commission on Judicial Conduct. Lawyers for convicted killer Michael Richard in 2007 didn’t meet the deadline for filing for a death row appeal and wanted to know if they could file it late. Keller’s response to the court’s clerk was, “we close at 5.” Because the defense lawyers couldn’t file that last-minute appeal, Richard was executed that night. Keller was ultimately absolved of the charges.”

Of the nearly 9,300 Bar members who cast their votes between April 8th and May 8th to decide the best qualified person for this position, more judges and lawyers voted for Hampton than any other judicial candidate for the Court, incumbent or challenger.  The vote for Hampton even exceeded every current incumbent and challenger in virturally every race throughout Texas, including the Texas Supreme Court race.

“The vote is significant because the Bar consists of Republicans, Independents and Democrats, all of whom are clearly concerned about this race and want a fresh direction for the Court,” said Hampton.

Judge Keller has been rebuked by the State Commission on Judicial Conduct and fined $100,000 by the Texas Ethics Commission.

The Court of Criminal Appeals is the highest criminal court in Texas and is the only Court which reviews death sentences. Hampton has broader experience with death penalty cases than all the current sitting judges combined. All nine seats on the Court of Criminal Appeals are held by Republicans. Hampton is a Democrat.

“The lawyers and judges of Texas have now spoken, and voters in November will have the benefit of their collective considered opinion,” Hampton said.

Keith Hampton was also voted “Most Qualified” in the Judicial Bar Poll when he ran for the Court in 2010.

Keith Hampton: For over twenty years, Keith has defended the Texas Constitution and the Constitution of the United States in hundreds of cases. As a Fellow of the Texas Bar Foundation, an active member of the criminal defense bar, and a member of the Pro Bono College of the State Bar of Texas, Keith has tirelessly worked for fairness, integrity and justice for all Texans. If elected, Keith Hampton would be the only judge who has handled death penalty cases in all stages of litigation – from accusation, trial, appeal and all post-conviction proceedings, including appearing before the Supreme Court of the United States.

My response is always, “I love those odds.  If we don’t run Democrats for statewide office because we are scared, when will we ever win an election? Time and again, our candidates have won impossible elections because Democrats embraced those impossibilities.”

For that reason, I am challenging an ultra-conservative Republican, whose “deformed moral compass”caused her to close the doors of justice on a meritorious death row appeal. Under Judge Sharon Keller’s administration, she approved such things as sleeping lawyers for indigent people and experts who justified death sentence recommendations on the basis of race, all the while disapproving judicial relief for undisputed innocent people in prison. As for her behavior in a more recent death penalty case, the Special Master of the Texas State Commission on Judicial Conduct concluded in a masterpiece of understatement, “[T]here is a valid reason why many in the legal community are not proud of Judge Keller’s actions.

Of course, I am not just running because the Texas Court of Criminal Appeals deserves better than Judge Keller.  I will also bring twenty years of experience fighting for and defending the rights of Texans.  During these 20 years, I have accrued more legal experience dealing with the death penalty than the 9 Presiding Judges combined.

In addition to a career of fighting for justice and Texans’ rights, I have fought for meaningful legal reform.  Some examples of issues and reforms I have tackled are:

Support for Veterans and for the Mentally Disabled. I worked to ensure Texas created special courts to steer our veterans away from prison and help them to reintegrate into American life. As a strong advocate of protecting the rights of the mentally disabled, I helped establish the first Mental Health Public Defender Office in the nation. A recent success on both those fronts is detailed in Texas Failure to Fund Mental Health Treatment Leaves Hundreds Stranded in Jails around the State (San Antonio Current, January 3, 2012).

Marriage Equality – Just a few years into my practice, the Texas Human Rights Foundation approached me to provide legal support to two LGBT couples fighting a law that criminalized same sex marriage. I wrote a supporting argument that helped convince the Third Court of Appeals to declare the law unconstitutional. (Unfortunately the ruling was later overturned by the Republican Supreme Court.) I was proud to have supported this fight that in 1992 would have paved the way for marriage equality. It was one of my first battles for civil rights.

Innocence – I successfully worked to pass a law providing DNA testing for prisoners so they could prove their innocence.  I also helped establish clinics in law schools throughout Texas to continuously work for the justice of all innocent people in the future.

Life Sentences – Texas jurors once had a bad choice: death or release from prison for capital defendants. Over strong opposition, I successfully worked to include the option of life without parole for our juries and for our district attorneys.

I know this is an uphill battle, but I refuse to allow our judicial system and constitutional rights to be held hostage by Republican judges who have threatened justice at every level. The Republicans took over Texas government by starting with the judiciary. Let’s show them two can play that game.

If you find yourself in the same situation wondering if we will ever take back Texas, just remember, “If not now, then when?”

My response is always, “I love those odds. If we don’t run Democrats for statewide office because we are scared, when will we ever win an election? Time and again, our candidates have won impossible elections because Democrats embraced those impossibilities.”

For that reason, I am challenging an ultra-conservative Republican, whose “deformed moral compass” caused her to close the doors of justice on a meritorious death row appeal. Under Judge Sharon Keller’s administration, she approved such things as sleeping lawyers for indigent people and experts who justified death sentence recommendations on the basis of race, all the while disapproving judicial relief for undisputed innocent people in prison. As for her behavior in a more recent death penalty case, the Special Master of the Texas State Commission on Judicial Conduct concluded in a masterpiece of understatement, “[T]here is a valid reason why many in the legal community are not proud of Judge Keller’s actions.

Of course, I am not just running because the Texas Court of Criminal Appeals deserves better than Judge Keller. I will also bring twenty years of experience fighting for and defending the rights of Texans. During these 20 years, I have accrued more legal experience dealing with the death penalty than the 9 Presiding Judges combined.

In addition to a career of fighting for justice and Texans’ rights, I have fought for meaningful legal reform. Some examples of issues and reforms I have tackled are:

Support for Veterans and for the Mentally Disabled. I worked to ensure Texas created special courts to steer our veterans away from prison and help them to reintegrate into American life. As a strong advocate of protecting the rights of the mentally disabled, I helped establish the first Mental Health Public Defender Office in the nation. A recent success on both those fronts is detailed in Texas Failure to Fund Mental Health Treatment Leaves Hundreds Stranded in Jails around the State (San Antonio Current, January 3, 2012).

Marriage Equality – Just a few years into my practice, the Texas Human Rights Foundation approached me to provide legal support to two LGBT couples fighting a law that criminalized same sex marriage. I wrote a supporting argument that helped convince the Third Court of Appeals to declare the law unconstitutional. (Unfortunately the ruling was later overturned by the Republican Supreme Court.) I was proud to have supported this fight that in 1992 would have paved the way for marriage equality. It was one of my first battles for civil rights.

Innocence – I successfully worked to pass a law providing DNA testing for prisoners so they could prove their innocence. I also helped establish clinics in law schools throughout Texas to continuously work for the justice of all innocent people in the future.

Life Sentences – Texas jurors once had a bad choice: death or release from prison for capital defendants. Over strong opposition, I successfully worked to include the option of life without parole for our juries and for our district attorneys.

I know this is an uphill battle, but I refuse to allow our judicial system and constitutional rights to be held hostage by Republican judges who have threatened justice at every level. The Republicans took over Texas government by starting with the judiciary. Let’s show them two can play that game.

If you find yourself in the same situation wondering if we will ever take back Texas, just remember, “If not now, then when?”

While the clear choice will be made in November, the campaign begins now. For over twenty years, I have defended state and federal constitutional rights, from municipal courts to the Supreme Court of the United States. I not only have more death penalty legal experience than my opponent, Presiding Judge Sharon Keller, but more than all of the current nine Republican judges on the Court combined.

The position also oversees the Indigent Defense Commission, charged with ensuring that poor people are afforded their constitutional right to effective counsel. While my opponent has absolutely no experience in handling the cases of poor people, I have handled thousands of cases – a background that better qualifies me for the Commission. The choice could not be clearer.

Throughout my life, I have committed myself to justice for everyone. As a judge, I pledge to be fair, compassionate, accessible and devoted to the rule of law.  Together, we can fight to protect the integrity of the constitution in Texas.

Sincerely,

Keith Hampton

“I am challenging Judge Keller after Judge Meyers decided not to enter the race as a Democrat,” said Keith Hampton. “Among many other sacred duties, the Presiding Judge chairs the Indigent Defense Commission, a role for which I am uniquely qualified.”

In his 2010 campaign for Place 6, Hampton won the prestigious State Bar Poll of Texas lawyers as well as receiving the endorsement of the Dallas Morning News, Fort Worth Star Telegram, and Austin American-Statesman.

“The Court needs fresh perspective, and I can offer my experience in having handled cases from misdemeanors to death sentences in both state and federal court,” he said.  “No one on the Court has my breadth or depth of experience.”

The Court of Criminal Appeals is the highest criminal court in Texas and hears all criminal appeals, including capital cases. Judges on the Court of Criminal Appeals are elected statewide and currently all seats on the Court are held by Republicans.