The following are the complete and unedited responses submitted by the candidate listed below to the Amarillo Pioneer’s Candidate Questionnaire.
David J. Schenck/Photo by David Schenck Campaign
Name: David J. Schenck
Office Sought: Presiding Judge, Court of Criminal Appeals
Party Affiliation: Republican
Age: 56
Educational Background: STATE UNIVERSITY OF NEW YORK ALBANY – B.A. Magna Cum Laude, Criminal Justice (1989)
First Place, ABA National Writing Competition
Alpha Phi Sigma Honor Society
BAYLOR LAW SCHOOL – WACO, TEXAS – Juris Doctor with Highest Honors (1992)
Valedictorian
Editor-in-Chief, Baylor Law Review
Highest grade and corresponding American Jurisprudence awards in 9 subjects
Vinson & Elkins Full Academic Scholarship
Fulbright & Jaworski Outstanding First Year Student Award
TYLA Moot Court Team
TEXAS BOARD OR LEGAL SPECIALIZATION - Board Certified Expert, Appellate (Civil)
AMERICAN LAW INSTITUTE - Elected Member
FIFTH CIRCUIT RULES ADVISORY COMMITTEE – Texas Representative 2003-06
Occupation: Attorney, Former Appellate Justice on Texas 5th Court of Appeals (Criminal and Civil Jurisdiction)
Please list any civic boards or commissions (non-profit, government, union, religious, political, etc.) on which you have served as a board member or equivalent.
Chairman & Commissioner, Texas State Comm. on Judicial Conduct
Chair, Republican Lawyers of Dallas
Chair Texas Lawyers for Repub. Presidential Candidates 2008-12
Higginbotham Inn of Court - Master and Barrister
Commissioner, Texas Lottery Commission
Deputy Attorney General
Have you previously held or do you currently hold any elected office? If so, what office(s)?
Justice, Fifth Court of Appeals
If your campaign has any online campaign resources where voters can learn more about you, such as social media accounts or a website, please list them below.
www.schenckfortexas.com and facebook Justice Schenck
Why did you decide to run for this office in 2024?
I have been concerned about Texas courts and the public perception of their operations for two decades and have written and spoken on the need for reform throughout my time as a lawyer, judge, and as chairman of the judicial conduct commission. The Court of Criminal Appeals and Supreme Court are collectively responsible for those rules and the presence or absence of public confidence in their judiciary. The public's confidence is waning among concerns of lethargy of the courts, lack of clarity on basic issues like election security, and the appearance of political activism and agenda on the courts. I believe I know how to address these concerns and that I've shown my willingness to take on the task (see https://www.schenckfortexas.com/issues and https://www.schenckfortexas.com/news for media coverage of my efforts)
If elected, what will be your top priority?
Two fold: (1) reform the court's operations with respect to productivity (currently hearing less than half the cases it should and moving at half speed); (2) increase fidelity to predictable and comprehensible opinion writing that would allow transparency and public accountability for a rules- and constitutional, textual-based outcomes.
Please describe your legal career experience and discuss any career highlights you would like to share.
I am a proven conservative and a thought leader in the Texas judiciary. I served the citizens of Texas as a Justice on the 5th Court of Appeals. Prior to that, I served as a law clerk to the Chief Judge of the 5th Circuit where I drafted civil and criminal opinions, as an appellate attorney, and as Deputy Attorney General for Legal Counsel and a Commissioner of the Texas Lottery. I also served as Chairman of the Texas State Commission on Judicial Conduct, the body responsible for oversight of the State Judiciary. I come to public service from over 20 years of successful carrier in leading private law firms, including as a partner and section head overseeing key practices ranging from litigation to appeals. At present, I am back in private practice overseeing constitutional and appellate work as a partner at Dykema Gosset PLLC. My track record reflects my commitment to the Constitution, the rule of law, and the right of all Texans to an honest, competent, and impartial judiciary. My work in private practice included:
Perry v. Perez, 132 S. Ct. 934 (2012), No. SA-11-CA-360 (W.D. Tex. 2012) & Texas v. United States, No. 1:11–CV-01303 (D.D.C. 2012). Lead Counsel for Texas and Gov. Perry in three-judge panel redistricting cases brought under sections 2 and 5 of the Voting Rights Act, respectively.
Heller v. District of Columbia, 554 U.S. 570 (2008). Lead counsel to 40 NRA affiliated state organizations as amicus urging recognition of individual right under Second Amendment. Represented TSRA previously in first Fifth Circuit decision to recognize the individual right.
In re Volkswagen, 371 F.3d 201 (5th Cir. 2003). Lead counsel in original successful mandamus action to compel venue transfer of cases brought in federal districts unrelated to the facts of the underlying claims.
Wen Ho Lee v. U.S. Dep’t of Justice, 413 F.3d 53 (D.C. Cir. 2006). Counsel to former Los Alomos scientist wrongly accused of espionage by Clinton administration. Obtained and secured affirmance of contempt sanctions against leading media organizations in Privacy Act suit and secured first ever monetary payment by same and federal government.
Ballard v. Commissioner, 544 U.S. 40 (2005). Successful petition to U.S. Supreme Court challenging U.S. Tax Court’s off-the-record reversal of trial judge’s original decision in favor of taxpayer.
I also served as lead counsel on numerous major religious liberty matters.
As a Judge I have a clear record on judicial integrity, life and the right to free speech, the limited role of government in gender and family issues, immigration and other matters.
During your time in law school, what was the most profound lesson you learned that continues to play a role in your career and/or your life?
Simple, direct and humble is always better. I learned this in a mock trial to the Texas State Teachers Retirement home. I've always tried to understand the law and the answer it directs and then move backwards to understand why it does so and, lastly, how to explain it.
What fictional lawyer do you most identify with? Please explain.
Atticus Finch from to Kill a Mockingbird. Right is right and wrong is wrong. The law wants to get there and needs a patient, steady hand to bring that image into view.
Do you have any notable endorsements you would like to highlight for voters?
True Texas, Troy Jackson, Montgomery County Tea Party, others, including statewide office holders pending
Why are you the best candidate for voters to support for this position?
I'm honest and committed to the impartial application of the rule of law, commitment to the constitution, and the oath. When elected, I will follow the constitution and my oath, as I have done even where uncomfortable in recent years, and insist on a transparent and fair court for all who appear, regardless of their status.
I am unique in this race for place 1 in that, I am young enough to serve the constitutional term of office the voters will fill, and I have a record clear from sanctions or other ethical issues.
I love this State and I’ve devoted my life to its service. The court needs some material reform to stay above reproach and ensure there are no appearances of corruption, and I’ve made it clear through my record that I’m ready to confront those issues and defend the rights of Texas citizens to impartial judiciary.