Citizens Against Lawsuit Abuse of Central Texas

Austin American Statesman
February 2, 2010

Two Austin attorneys touting their experience and grasp of legal nuance are vying for a spot on the 3rd Court of Appeals, which covers a 24-county swath of Central and West Texas and hears some of the state's most complex cases.

Melissa Goodwin and Scott Field will face off in the Republican primary on March 2 in hopes of filling the spot vacated by Judge Jan Patterson , who is ending her 12-year tenure on the court to pursue Travis County's 201st District Court seat. The winner of the primary will face Democrat Kurt Kuhn in November.

Because of its location in the capital, the six-member 3rd Court of Appeals handles a number of dense, complicated appeals about regulatory rules and state government actions.

Recent cases involving the investigation of associates of former U.S. House Majority Leader Tom DeLay, in which the Republican lawmaker was accused of laundering corporate money into political donations during the 2002 campaign, have spurred accusations of partisanship on the court. Critics charge that a Republican majority on the court went out of its way to help DeLay and his associates when it ruled that the money-laundering law in the case applied only to cash and not to checks.

And in recent years it has been among the state's most inefficient appeals courts, with massive backlogs that it has been slowly chipping away at. Both Republican candidates say it will be important for whoever is elected to move quickly to help the court with its 800-case-per-year load.

Goodwin, a former 427th District Court judge, Travis County Precinct 3 justice of the peace and staff attorney for the Texas Court of Criminal Appeals, said she is prepared to handle the range of cases heard by the 3rd Court of Appeals.

"The best fit for the position is someone who understands (civil, administrative and criminal) cases, and that's me," Goodwin said. "That judicial experience gives me a greater appreciation for all the different nuances."

Field, an appellate and civil litigation attorney who began his career clerking for former Texas Supreme Court Justice Raul Gonzalez , said his extensive civil background makes him a better candidate than Goodwin, who he said does not have as much experience arguing civil appellate cases.

"So much of what the court does is these humongous, complex administrative appeals, which would require a steep learning curve," Field said.

For her part, Goodwin says that Field lacks experience in criminal cases.

"I'm confident that the learning curve will not be as extreme for me," Goodwin said.

Both candidates said they want to reduce the perception of partisanship on the court. Field said the fact that he clerked for Gonzalez, a Democrat, shows that people shouldn't make assumptions about judges based on political labels.

"My judicial philosophy is that judges on the court shouldn't be concerned with the result of a ruling; they should be concerned with interpreting and applying the law," he said. "It bothers me tremendously that there's a perception of partisanship on the court."

Goodwin said there is no room for party affiliation when it comes to the courtroom.

"When you put the robe on and take the oath of office, politics steps out of the office," she said. "I'm supposed to be applying the law, nothing more."

Field enjoys a healthy lead in fundraising, with $28,085 on hand as of Dec. 31, compared with $2,265 for Goodwin. Field said his fundraising advantage shows the depth of his support; Goodwin said her late entry into the race accounts for the discrepancy.

"Considering I started in December \u2026 I feel comfortable," she said.

Kuhn, who is running unopposed, has raised $56,956 since July.

jschwartz@statesman.com; 912-2942