I want to respond to several distortions of truth in Staci William’s recent online post about primary race for Chief Justice. While I have the utmost respect for Judge Williams, facts matter.
I must state clearly that there is no attempt here to malign Judge Williams’ character. But she has misstated the facts about my record, and our race should allow voters to compare us in a meaningful way.
The workings of the court of appeals is confusing enough without spinning facts. So, let me illustrate by citing two points Judge Williams has misstated.
In a recent joint campaign appearance with Staci Williams, I noted how I have disposed 100% of the cases assigned to me for every term since I took the appellate bench.
Staci Williams heard me cite this fact in a public forum.
Furthermore, when looking at the past two terms (2022, 2023) the total number of disposed cases on my docket was 134.
This is actually 2 cases HIGHER than the average of the justices on the 5th Court for that period.
When referring to the most recent term, Judge Williams suggests that this is somehow evidence of my “under performance.” It is, in fact, the opposite.
Cases at the 5th District are evenly assigned among the justices. The lower number of opinions last term (what she hopes you read as “under performance”) in fact indicates that, on average and over several years, I consistently keep up with my docket, and finish my cases *faster than average*, clearing 100% of all cases assigned during the term in which they are assigned.
Here is what should trouble voters:
Despite hearing me recount the above facts at a recent joint campaign event (video publicly available),Staci Williams has now repeated this obvious distortion of my record in a written communication with voters.
Speaking of records, since the disposition of cases is now a campaign issue, let’s talk about her record as a District Judge.
The latest publicly available records(1) show Staci Williams ranked 12 out of 13 judges on the civil bench in Dallas County for the disposition of cases. Meaning: the second largest backlog of all 13 courts.
This is likely one of the reasons why Dallas Bar Poll respondents consistently say Staci Williams “needs improvement,” by a shockingly high 48%.
Again, here are the available facts for both of our records, so voters can compare:
My record (Justice Garcia): 100% of assigned cases were disposed of within the term they were assigned for 2021, 2022 and 2023.
Her record (Staci Williams): 2nd worst case backlog in our Dallas County Civil District Courts (out of 13 judges).
It will be up to voters to decide who among us is telling the truth about the issues. I urge voters to look at the facts and see past the spin.
Let’s move to another distortion that Staci Williams makes in her written piece.
She says: “Do you want someone who is literally handing Gregg Abbott the opportunity to appoint a REPUBLICAN justice to this court?”
Sounds ominous. But, not really…and especially not when you look at the effect electing her would have.
The facts are these: Gov. Abbott’s appointee to the 5th District will serve for two years until the next election cycle.
They will sit as one of three justices on a panel (appellate justices hear cases in groups of three) *or* as one of 13 members when the Court gathers as a whole (en banc).
This is the beauty of our appellate system: that no one justice’s view can dominate any one decision. Should one justice express views out of line with the others, they must still convince at least one other justice (on the regular 3-judge panel) or six more justices (when we sit as a whole). As such, the appellate process has built-in checks and balances to mitigate the influence of any one person. This, again, is the beauty of the appellate system.
But, since Staci Williams draws attention to this issue of a vacant bench, let’s look at the disturbing effect her election would have on her court.
As a trial judge, the facts are that 100% of the cases in her court would be heard by an Abbott appointed judge for the next two years.
There would be 100% unmitigated Republican influence, of *all* cases in the 101st District Court, should she leave her present bench.
—————————
The two issues I respond to in this essay are not the only examples of how Staci Williams has misrepresented my record, her own, and the record of the 5th District Court.
I empathize with any voters who find it difficult to understand the workings of our court systems. Ultimately, beyond all the noise of a campaign season, you are asked to make choices between candidates and their records.
As you get ready to make that choice, given that Judge Williams heard me correct her misstatement in a public forum, and has repeated it once again, I would ask voters:
“Do we really want to elect someone to the court of appeals who distorts the truth and my own public record in this way?”
I end with this:
My nineteen years of judicial service has given me a deep faith in you, the voters of the 5th District.
I believe you want facts without spin.
You deserve to know them.
You deserve a Chief Justice who understands the appellate process, who has already been there, and who —with my Family Law background— knows how to manage conflict in difficult situations…precisely the real role of the Chief Justice.
I trust that my record of service —consistently highly rated as “Excellent” by over 60% of lawyers who appear before me— will help you see me as the clear choice for Chief.
I have always been straightforward with my record, a basic value all voters should expect from their judges.
I ask you to vote for me for Chief Justice of the 5th District Court of Appeals.
Justice Dennise Garcia
——————
(1) Dallas County Judicial Management Report for 2021.