The following opinion piece was submitted for publication by Steven Denny. Denny is a candidate for 320th District Judge in the May 22nd Republican runoff election.
At a luncheon this week, my opponent compared being a judge to being an umpire.
“All you do is call balls and strikes,” she said.
She said that Nolan Ryan would not make a good umpire. I assumed she was saying that I am a pro level player in the “courts” game with that analogy.
Although I like the idea of being likened to Nolan Ryan, I can scarcely get a baseball over 45 mph without throwing my arm out of socket. Although I have never been a misdemeanor judge, I have been on both sides of the courtroom in the 320th District Court. I know the business of that court and have been doing it for 17 years. I know how fast the “pitches” are going to come at me and I know when to expect “curveballs.” I know when to be watching for the “runner” on first and when the pitcher is going to intentionally “walk a hitter.”
What I am saying is that I have participated in thousands of felony trials and hearings. I am required to predict what the judge is going to rule on and address those arguments even before the judge asks for them.
When I preside over my first trial as Judge of the 320th, there aren’t going to be any “pitches” I haven’t seen or tried before myself. A misdemeanor judge does not have that experience. The newest most inexperienced prosecutors are usually assigned to misdemeanor court, and there is very high turnover in those courts. She recollected that over 80 prosecutors have come and gone in her 20 years on her misdemeanor bench. I suspect that is accurate. Many misdemeanor defendants appear pro-se, or without an attorney, so there isn’t much of a legal defense put up against the State.
The stakes in felony court are high. You want a judge who knows the game and has played it for years, not just an umpire from little league that is up for a “new challenge.”
Photo by Denny Campaign