A. Contributions By Election Cycle
This study analyzes 87 winning campaigns by justices who still sat
on the appellate bench in January 2003. Due to attrition by justices who
did not seek reelection or whom voters rejected, just 11 justices elected
in 1996 and 11 more elected in 1998 still sat on the court in January 2003.4
Predictably, more of the justices who prevailed in more recent elections
still sat on the court in January 2003, although the 2000 election produced
more surviving justices than 2002 due to an unusually large number of appeals
judge races that year (48 races).
Contributions By Election Cycle
| Election Cycle |
Appeals
Judges
Elected
|
No. of Elections
Won By Justices
Still Serving
in '03*
|
Total Amount
Raised by
Justices Still
Serving in '03*
|
Average
War Chest
|
Share of
All Money
|
| 1996 |
26
|
11
|
$494,390
|
$44,945
|
7%
|
| 1998 |
21
|
11
|
$1,259,211
|
$114,474
|
18%
|
| 2000 |
48
|
41
|
$3,394,998
|
$82,805
|
50%
|
| 2002 |
26
|
24
|
$1,675,859
|
$69,827
|
25%
|
| TOTALS |
121
|
*87
|
$6,824,458
|
$78,442
|
100%
|
|
* 73 individual justices serving in January 2003
won these 87 elections, with 14 judges winning two elections apiece since
1996.
|
B. Contributions By District
Each of Texas’ 14 district appeals courts have from three to 13 justices
apiece. With elections occurring every two years and justices serving six-year,
staggered terms, it ordinarily would take six years to replace all the
justices in a given appeals district. The table below shows considerable
court reshuffling over the four elections dating back to 1996. Since then,
still-sitting justices on just five district appeals courts won more elections
than their districts have seats (Districts 2, 4, 5, 8 and 10). The other
nine districts experienced greater attrition, as justices did not attempt
to retain their seats or were knocked out by challengers.
Contributions By District (1996-2002)
|
District
|
No. of
Court Seats
|
No. of Elections
Won By Justices
Still Serving
in '03*
|
Total Amount
Those Justices
Raised
|
Average
War Chest
|
Share of
All Money
|
| 1-Houston |
9
|
9
|
$679,126
|
$75,458
|
10%
|
| 2-Fort Worth |
7
|
9
|
$567,346
|
$63,038
|
8%
|
| 3-Austin |
6
|
6
|
$558,066
|
$93,011
|
8%
|
| 4-San Antonio |
7
|
9
|
$1,401,479
|
$155,720
|
21%
|
| 5-Dallas |
13
|
15
|
$652,283
|
$43,485
|
10%
|
| 6-Texarkana |
3
|
3
|
$269,961
|
$89,987
|
4%
|
| 7-Amarillo |
4
|
2
|
$90,901
|
$45,451
|
1%
|
| 8-El Paso |
4
|
5
|
$95,158
|
$19,032
|
1%
|
| 9-Beaumont |
3
|
3
|
$452,104
|
$150,701
|
7%
|
| 10-Waco |
3
|
5
|
$279,152
|
$55,830
|
4%
|
| 11-Eastland |
3
|
3
|
$95,581
|
$31,860
|
1%
|
| 12-Tyler |
3
|
3
|
$158,857
|
$52,952
|
2%
|
| 13-Corpus |
6
|
6
|
$874,059
|
$145,676
|
13%
|
| 14-Houston |
9
|
9
|
$650,386
|
$72,265
|
10%
|
| |
TOTAL:
|
*87
|
$6,824,458
|
$78,442
|
100%
|
|
* 73 individual justices serving in January 2003
won these 87 elections, with 14 judges winning two elections apiece since
1996.
|
This table also shows that just three districts had an average winning
war chest exceeding $100,000. The only district where sitting justices
raised a total of more than $1 million was San Antonio’s Fourth District,
a partisan battleground that accounted for 21 percent of all the money
raised by the sitting justices statewide. The two courts with the next-largest
average war chests were all-Democratic after the 1996 election. While the
GOP has yet to penetrate Corpus Christi’s Thirteenth District, Republicans
now hold two of three seats on Beaumont’s Ninth District.
C. Contributions By Party
As the momentum among Texas voters swung in favor of Republicans, Democrats
had to pay huge premiums to win in many of the state’s 14 appeals districts.
Republican candidates raised just over $4 million to win 63 of the 87 successful
appeals court races studied in this report. Democrats raised almost $2.8
million to win the remaining 24 campaigns. The average winning Democrat
raised $114,739—or a remarkable 78 percent more than the $64,614 raised
by the average GOP winner. As this fundraising premium squeezed Democrats,
Republican justices poured into many once-Democratic appeals districts
and the number of appeals court seats occupied by Democrats plummeted from
36 in 1997 to just 18 in January 2003.
Contributions By Party (1996-2002)
|
Party
|
No. of Elections
Won By Justices
Still Serving in '03
|
Total Amount
Those Justices
Raised
|
Average
War Chest
|
Share of
All Money
|
| Democratic |
24
|
$2,753,728
|
$114,739
|
40%
|
| Republican |
63
|
$4,070,729
|
$64,614
|
60%
|
| TOTALS: |
87
|
$6,824,458
|
$78,442
|
100%
|
|
|
D. Candidates With More Money Usually Win
While the rest of this report focuses on the war chests of 87 winning
appeals court campaigns, it is important to note that the best-funded judicial
candidate usually wins. Because some judges lacked opponents in their primaries,
general elections or both, the justices studied here faced a total of just
21 contested primaries and 30 contested general elections. In these contested
races, money predicted the winner 76 percent of the time, with the best-funded
candidate prevailing in 39 of 51 contested appeals court elections. Meanwhile,
most uncontested candidates raised money, which often served to preempt
would-be competitors.
Money clearly played an important role in shaping Texas appeals court
elections. Yet it was not the only factor. The table below shows that several
justices with overwhelming fundraising advantages narrowly prevailed over
poorly funded primary or general election opponents. Indeed, the following
table reveals that several candidates with huge fundraising advantages
even suffered narrow defeats. The best-funded candidate lost in 12 of the
51 contested appeals court elections (24 percent), including eight general
elections that involved partisan showdowns. In these eight partisan showdowns
it invariably was a lesser-funded Republican who defeated a better-funded
Democrat. Put another way, Republicans occasionally defeated better-funded
Democrats, but every sitting Democratic appeals justice who had to defeat
a Republican opponent did so with a fundraising advantage.
Justices With the Greatest Fundraising Advantage
Winning Judge
(Party) |
Election
|
Winner's
Funding
Superiority
|
Winner's
War Chest
|
Winner's
Share of
Vote
|
Main Opponent |
| James T. Worthen (R) |
1998-P |
75X
|
$114,846
|
52%
|
Charles Holcomb (R) |
| Kem Thompson Frost (R) |
2002-G |
50X
|
$121,019
|
54%
|
Denise Crawford (D) |
| Scott Brister (R) |
2000-G |
28X
|
$148,068
|
53%
|
Mary C. Thompson (D) |
| Frederico Hinojosa Jr. (D) |
2000-P |
15X
|
$222,458
|
54%
|
Ruben R. Pena (D) |
| Donnie R. Burgess (D) |
1998-G |
8X
|
$227,984
|
55%
|
Ralph Harrison (R) |
| Catherine M. Stone (D) |
2000-G |
5X
|
$180,589
|
55%
|
Jay Brandon (R) |
| Jan P. Patterson (D) |
1998-G |
3X
|
$190,694
|
51%
|
David Puryear (R) |
| Alma L. Lopez (D) |
2002-G |
2X
|
$338,670
|
52%
|
Paul W. Green (R) |
| Alma L. Lopez (D) |
2000-G |
2X
|
$343,889
|
52%
|
Rebecca Simmons (R) |
| Dori Contreras Garza (D) |
2002-P |
2X
|
$266,072
|
57%
|
Augustin Rivera Jr. (D) |
| |
TOTALS: |
3X
|
$2,154,289
|
|
|
|
Note: These contributions data exclude campaign loans
that, in several cases, allowed candidates to spend much more money than
they raised.
P = Primary; G = General Election.
|
In many parts of the state the Republican Party label is another important
predictor of judicial candidate success. Indeed, media accounts of several
big financial upsets (including those of GOP Justices Terry Jennings, David
Puryear and Karen Angelini) suggested that George W. Bush’s coattails helped
Republicans carry down-ballot judicial races. These data also suggest that
Democratic candidates are not viable in many parts of the state without
decisive fundraising superiority.
Just 12 Better-Funded Candidates Lost
| Loser (Party) |
Election |
Loser's
Funding
Superiority
|
Loser's
War Chest
|
Winner's
Share of
Vote
|
Winning Opponent |
| Frank Enriquez (D) |
2000-P |
*Infinite
|
$141,350
|
52%
|
Errlinda Castillo (D) |
| Lee Yeakel (R) |
2002-P |
50X
|
$117,255
|
56%
|
Wallace Ken Law (R) |
| Eric Andell (D) |
2000-G |
20X
|
$707,456
|
51%
|
Terry Jennings (R) |
| Ronald L. Walker (D) |
2002-G |
9X
|
$159,213
|
54%
|
Steve McKeithen (R) |
| Woodie Jones (D) |
2000-G |
4X
|
$355,311
|
52%
|
David Puryear (R) |
| Jim Branton (D) |
1998-G |
3X
|
$404,567
|
54%
|
Karen Angelini (R) |
| Katherine O'Herren (D) |
1998-G |
3X
|
$162,138
|
51%
|
Thomas W. Gray (R) |
| Roby Hadden (R) |
2000-P |
2X
|
$48,903
|
61%
|
Sam Griffith (R) |
| Ken Cannata (R) |
2000-P |
1.3X
|
$26,212
|
48%
|
Terry Jennings (R) |
| Gerald Bourque (D) |
2000-G |
1.2X
|
$230,917
|
54%
|
David B. Gaultney (R) |
| Jim Lovett (D) |
2002-G |
1.1X
|
$116,030
|
56%
|
Josh R. Morriss (R) |
| George Ellis (D) |
1996-G |
1.1X
|
$81,355
|
55%
|
Samuel M. Nuchia (R) |
| |
TOTAL: |
3X
|
$2,550,707
|
|
|
|
Note: These contributions data exclude campaign loans
that, in several cases, allowed candidates to spend much more money than
they raised.
P = Primary; G = General Election.
* Winner Errlinda Castillo raised no money.
|
E. Competition Drives Contributions
Not surprisingly, the most aggressive fundraising tends to occur in
the closest races, where outcomes can potentially turn on relatively few
dollars and votes. The winners of half of the 87 elections studied in this
report faced absolutely no major-party opposition in either the primary
or general election. To discourage opposition, the winners of these 44
races raised an average war chest of $42,163. The winners of 34 other elections
raised an average of $113,671 to defeat a major-party opponent in either
their primary or their general election. Finally, the winners of nine elections
raised an average of $122,475 to defeat major-party opponents in both their
primary and general elections.5
Contributions By Amount of Opposition
|
Major-Party Opposition?
|
No. of Elections
Won By Justices
Still Serving in '03
|
Total Amount
Those Justices
Raised
|
Average
War Chest
|
Share of
All Money
|
| No Primary or Gen'l Opponent |
44
|
$1,857,358
|
$42,213
|
27%
|
| One Primary or Gen'l Opponent |
34
|
$3,864,824
|
$113,671
|
57%
|
| Opponents in Both Races |
9
|
$1,102,276
|
$122,475
|
16%
|
|
TOTALS:
|
*87
|
$6,824,458
|
$78,442
|
100%
|
|
|
Fundraising is fueled by the degree as well as the quantity of opposition
faced. The winners of 60 of the 87 races studied here won both their primary
and general election by 56 percent of the vote or more. These winners with
light-weight competition raised an average of $52,289 each. The winners
of another 25 races faced serious competition in either their primary or
general election, winning it with no more than 55 percent of the vote.
These justices who prevailed over tough competition raised an average of
$144,107 each.
Contributions By Competitiveness
of Race
No. of
Competitive
Races
|
No. of Elections
Won By Justices
Still Serving in '03
|
Total Amount
Those Justices
Raised
|
Average
War Chest
|
Share of
All Money
|
|
0
|
60
|
$3,139,511
|
$52,325
|
46%
|
|
1
|
25
|
$3,602,665
|
$144,107
|
53%
|
|
2
|
2
|
$82,283
|
$41,141
|
1%
|
|
TOTALS:
|
*87
|
$6,824,458
|
$78,442
|
100%
|
|
"Competitive races" were won with less than 56 percent
of the vote.
|
Finally, two Republican justices prevailed over tough competition in
both their primary and general election. Departing from the trend, however,
these two justices amassed relatively small war chests that seemingly befit
candidates who faced little to no competition. In Beaumont’s Ninth District,
Steve McKeithen won a 2002 primary and then defeated Democratic Chief Justice
Ronald Walker (who raised $159,213)—all with a total war chest of $26,069.
With just $56,213, Justice Terry Jennings in Houston’s First District survived
a 2000 primary and primary runoff, before defeating well-funded Democratic
incumbent Justice Eric Andell (who raised $707,456).
It is extraordinary for such poorly funded challengers to defeat incumbents.
The table below shows that incumbents accounted for 58 of the 87 winning
campaigns studied in this report and these incumbents raised an average
war chest of $62,942. Although incumbents typically have greater fundraising
advantages because they already wield power and usually are favored to
win, many of them have little need for large war chests since they draw
relatively few serious challenges.
Contributions and Incumbency
| Incumbency
Status
|
No. of Elections
Won By Justices
Still Serving in '03*
|
Total Amount
Those Justices
Raised
|
Average
War Chest
|
Share of
All Money
|
| Incumbent |
58
|
$3,650,635
|
$62,942
|
53%
|
| Challenger |
7
|
$538,046
|
$76,864
|
8%
|
| Open Seat |
22
|
$2,635,777
|
$119,808
|
39%
|
|
TOTALS:
|
*87
|
$6,824,458
|
$78,442
|
100%
|
|
* 73 individual justices serving in January 2003
won these 87 elections, with 14 judges winning two elections apiece since
1996.
|
In contrast, just seven challengers prevailed over incumbent advantage,
with an average war chest of $76,864 (this average was sandbagged by the
extraordinary victories of modestly funded challengers McKeithen, Jennings
and the Tyler’s Sam Griffith, who raised just $26,324).6
Three of the four other successful challengers raised more than $100,000
each, though just two challengers raised more money than the incumbent
whom they defeated.7 Significantly, all seven challengers
were Republicans (although four of them defeated GOP incumbents in the
primary). Four of these successful challengers ran down ballot from
George W. Bushs presidential coattails in 2000, including two who defeated
Democratic incumbents (Jennings and David Puryear in Austins Third District).
Finally, candidates seeking open seats with no incumbents generally
raised the biggest war chests. Winners of open seats accounted for 22 elections,
raising an average war chest of $119,808.
F. Biggest War Chests
Twenty-one of the 87 appeals court campaigns studied in this report
brandished war chests exceeding $100,000. Collectively, these war chests
contained $3.9 million, or 57 percent of all the money analyzed in this
study. For some reason, women—particularly Democratic women—raised the
biggest war chests.
The best-funded judge single-handedly inflated the average war chest
on San Antonio’s Fourth District. Chief Justice Alma Lopez is the only
sitting justice to raise more than $300,000, which she did two elections
in a row. While Justice Lopez raised twice the money of her respective
Republican opponents, she narrowly prevailed in both elections with 52
percent of the vote.
The justices with the next-largest war chests, Austin-based Jan Patterson
and Corpus-based Dori Contreras Garza, also are Democrats. In fact, Democrats
accounted for eight of the 10 largest war chests. While Justice Lopez lacked
primary opponents, Justices Patterson and Contreras Garza were two of just
nine justices in this study who had to defeat major-party opponents in
both their primary and their general elections.
Biggest War Chests
| Justice (Party) |
Election
Cycle |
Dist. |
Running
Status |
Primary
Election
Vote (%) |
General
Election
Vote (%) |
Money Raised |
| Alma L. Lopez (D) |
2000 |
4
|
Incumbent |
100%
|
52%
|
$343,889
|
| Alma L. Lopez (D) |
2002 |
4
|
Open |
100%
|
52%
|
$338,670
|
| Jan P. Patterson (D) |
1998 |
3
|
Open |
74%
|
51%
|
$296,684
|
| Dori Contreras Garza (D) |
2002 |
13
|
Open |
57%
|
58%
|
$266,072
|
| Scott Brister (R) |
2000 |
1
|
Open |
64%
|
53%
|
$243,708
|
| Rogelio 'Roy' Valdez (D) |
2000 |
13
|
Open |
56%
|
100%
|
$233,644
|
| Donnie 'Don' Burgess (D) |
1998 |
9
|
Incumbent |
100%
|
55%
|
$227,984
|
| Frederico Hinojosa Jr. (D) |
2000 |
13
|
Incumbent |
54%
|
100%
|
$222,458
|
| David B. Gaultney (R) |
2000 |
9
|
Open |
100%
|
54%
|
$198,050
|
| Catherine M. Stone (D) |
2000 |
4
|
Incumbent |
100%
|
55%
|
$180,589
|
| Anne L. Gardner (R) |
2000 |
2
|
Open |
55%
|
100%
|
$158,535
|
| Karen A. Angelini (R) |
1998 |
4
|
Incumbent |
100%
|
54%
|
$157,255
|
| Lee Ann Dauphinot (R) |
2000 |
2
|
Incumbent |
55%
|
100%
|
$133,745
|
| Sue Walker (R) |
2000 |
2
|
Challenger |
59%
|
100%
|
$123,066
|
| Laura C. Higley (R) |
2002 |
1
|
Open |
100%
|
100%
|
$121,245
|
| Kem Thompson Frost (R) |
2002 |
14
|
Incumbent |
100%
|
54%
|
$121,019
|
| James T. Worthen (R) |
1998 |
12
|
Challenger |
53%
|
100%
|
$114,846
|
| Jack E. Carter (D) |
2002 |
6
|
Open |
63%
|
100%
|
$107,184
|
| Charles W. Seymore (R) |
2000 |
14
|
Challenger |
†32%
|
100%
|
$104,060
|
| Josh R. Morriss (R) |
2002 |
6
|
Incumbent |
100%
|
55%
|
$101,491
|
| Martin E. Richter (R) |
2000 |
5
|
Open |
100%
|
100%
|
$100,150
|
| |
|
|
|
|
TOTAL:
|
$3,894,344
|
|
* I = Incumbent; C = Challenger; O = Open Seat
†Justice Seymore got
73 percent of the vote in his primary runoff.
|
4 The number of still-serving justices elected
in 1996 was actually 10. In a method error discovered at press time,
this study erroneously includes the 1996 campaign of former Fourth District
Chief Justice Phil Hardberger (D), who was not a sitting justice in January
2003. New Chief Justice Alma Lopez (who is properly included in this study)
replaced Justice Hardberger when he did not seek reelection in 2002. This
error—based on the 2003 edition of the Texas State Directory—has a negligible
effect on trends reported in this study.
5 These two-opponent victors were: Justices Terry
Jennings and Scott Brister (District 1); Terrie Livingston (2); Jan Patterson
(3); Steve McKeithen (9); Thomas Gray (10); Terry McCall (11); and Dori
Contreras Garza and Errlinda Castillo (13).
6 The other successful challengers were District
2’s Sue Walker, District 3’s David Puryear, District 12’s James Worthen
and District 14’s Charles Seymore.
7 District 2’s Sue Walker and District 12’s James
Worthen.
